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HomeMy WebLinkAboutCouncil Actions 02-16-21ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 16, 2021 2:00 P.M. CITY COUNCIL CHAMBER AGENDA MOON REYNOLDS 41989 - 021621 The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge 1. Call to Order - -Roll Call. All Present. (Council Member Bestpitch participated by electronic means). The Invocation was delivered by The Reverend Elizabeth Link, Pastor, Second Presbyterian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 18 at 7:00 p.m., and Saturday, February 20 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Economic Development Authority — one vacancy Fair Housing Board — one vacancy Parks and Recreation Advisory Board — one vacancy Roanoke Redevelopment and Housing Authority — one vacancy Towing Advisory Board — one vacancy (Citizen at- large) Youth Services Citizen Board — one vacancy Access the City's homepage to complete an online application for the abovementioned vacancies. The City Clerk's Office is accepting applications for three upcoming vacancies on the Roanoke City School Board for three -year terms of office expiring on June 30, 2021. Three -year terms of office will commence July 1, 2021 and end on June 30, 2024. Incumbent School Board Trustees are Mark K. Cathey, Laura Day Rottenborn and Richard "Dick" Willis, Jr. Inasmuch as Mr. Willis will have served three consecutive terms of office, he is ineligible for reappointment. Ms. Rottenborn is not seeking reappointment. Application and information describing the duties and responsibilities of Trustees of the Roanoke City School Board are available on the City of Roanoke's web page at www.roanokeva.gov, or may be obtained by contacting the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The deadline to receive applications is Wednesday, March 10, 2021 at 5:00 p.m. For questions and /or additional information, please contact the City Clerk's Office at (540) 853 -2541 or by email at clerk(&-roanokva.gov. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentation to Mayor Lea for service with the National Civic League. The City Manager presented Mayor Lea with a plaque for his service with the National Civic League. Introduction of the new Assistant City Attorney. The City Attorney introduced the new Assistant City Attorney, Kelsey Durkin. 2 3. 9 C -1 HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the City Manager for response, recommendation or report to the Council. Due to the recent increase and severity in COVID -19 cases in the City of Roanoke, out of an abundance of caution, the Roanoke City Council has determined that temporary changes are necessary. Roanoke City Council Members will continue to meet in person in City Council Chamber, observing all recommended safety protocols while members of the community wishing to address the City Council during Hearing of Citizens Upon Public Matters are required to participate virtually or via email by contacting the City Clerk's Office at clerk(a-roanokeva.gov and (540) 853- 2541, by 12:00 p.m., on February 16. The Council Chamber will not be accessible to the general public during the meeting. The meeting will continue to be broadcast via RVTV -3 and on the City's Facebook account. Darcell Yates, 2021 Mercer Avenue, N. W., addressed the Council with regard to the Girl Scout Gold Award. Barbara Duerk, 2607 Rosalind Avenue, S. W., addressed the Council with regard to working together in the Roanoke Valley. CONSENT AGENDA: (APPROVED 7 -0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. Minutes of the regular meeting of City Council held on Monday, January 4, 2021. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. 3 C -2 A communication from the City Manager requesting that Council schedule a public hearing to be held on Monday, March 15, 2021, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager shall determine, in his discretion, to consider the expansion of the Williamson Road Area Service District to include additional land areas. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel requiring the advice of counsel, pursuant to Section 2.2 -3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -4 Reports of qualification of the following individuals: Bradley Stephens as a member of the Human Services Advisory Board for a four -year term of office, commencing December 1, 2020 and ending November 30, 2024; Kevin Deck as a member of the Roanoke Arts Commission to fill the unexpired term of office of Lora Katz ending June 30, 2022; and Patricia Wilhelms as a member of Roanoke Arts Commission for a three -year term office, commencing July 1, 2020 and ending June 30, 2023. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. 2 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Rescue Squad Assistance Fund Grant from the Virginia Department of Health, Office of Emergency Medical Services. Adopted Resolution No. 41989 - 021621 and Budget Ordinance No. 41990-021621. (7 -0) 2. Approval of the "Roanoke, Virginia Strategic Plan 2021 — 2022." Adopted Resolution No. 41991 - 021621. (7 -0) 3. Execution of an agreement to modify the Blue Hills Village Concept Plan. Adopted Ordinance No. 41992 - 021621. (7 -0) 4. Repeal and replace Budget Ordinance No. 41938 - 122120 adopted December 21, 2020, accepting the 2019 Highway Safety Improvement Program funds from the Virginia Department of Transportation for the Orange Avenue and Gainsboro Road /Burrell Street Pedestrian Safety Improvements Project. Adopted Budget Ordinance No. 41993 - 021621. (7 -0) b. CITY ATTORNEY: Approval of a Memorandum of Understanding in connection with the Ironman 70.3 Triathlon event. Adopted Resolution No. 41994 - 021621. (7 -0) COMMENTS OF THE CITY MANAGER. The City Manager offered the following comments: Solid Waste Collection schedule changes for Presidents Day week • Because City offices were closed on Monday for the Presidents Day holiday, all residential /commercial solid waste collection will be delayed one day this week. "Roanoke Valley Saves Week" is Coming Up • Monday, Feb. 22 through Friday, February 26, 2021 • Hosted by BankOn Roanoke Valley, the event is an initiative of United Way of Roanoke Valley. • A series of online events will be offered to help savers set financial goals, track their spending, and take control of their financial future. • To register, go to uwrv.org /borv. 5 • Questions may be directed to Brandon Meginley in the Economic Development Department at 853 -1120 or brandon.meginley @roanokeva.gov Equitv and Empowerment Advisory Board is seeking committee members • As a reminder, the work of the Board is guided by provisions of City Plan 2040, which includes specific priorities established through the focus on Interwoven Equity. • The Board has formed committees centered on the five Interwoven Equity priority areas outlined in City Plan 2040, and would like to enlist three to five community members to serve on each of the committees. • Anyone interested in serving on one of the committees may send an email to EEAB(d-)roanokeva.gov or call Angie O'Brien in the City Manager's Office at 540 - 853 -2333 by Noon on February 24. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. Kathleen Jackson, Chief Financial Officer, Spokesperson. Adopted Budget Ordinance No. 41995 - 021621. (7 -0) b. A report of certain Authorities, Boards, Committees and Commissions in which City Council serve as liaisons or appointees. Council Member Moon Reynolds, liaison, Roanoke Redevelopment and Housing Authority recognized Tina Crowder as the Roanoke Redevelopment and Housing Authority January 2021 Resident of the Month; noted that the Housing Authority held its first COVID -19 vaccine clinics at Morningside Manor and Melrose Towers; and reported that the Roanoke EnVision Center offers career counseling, resume development, individual health needs and a host of other services to all citizens and would relocate to the former Melrose Library once renovations have been completed. on Council Member Bestpitch, as an Elected Official representative to the Roanoke Valley Alleghany Regional Commission, reported that the Commission was re- examining the membership roster to reduce the number of members from 38 to 30 with 2 Council Members and 2 Citizen at large members; and all localities were in agreeance to amend the Charter. Council Member Cobb, member, Study Committee to Reduce Gun Violence announced that the Committee was in the process of finalizing a gang model for the City. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Mayor Lea apologized for sending a message in bad taste with regard to the Patrick Henry High School Girls' basketball team. He advised that he would meet with the team and apologize in person. Council Member Bestpitch commented that he received positive feedback with regard to the vaccination clinics at the Berglund Center and other places around the City. The City Manager added that over 200 persons were registered to receive the COVID -19 vaccination. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. AT 3:15 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM, ROOM 450, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING; AND THEREAFTER RECONVENED AT 7:00 P.M., IN THE COUNCIL CHAMBER. 7 ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 16, 2021 7:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA Call to Order - -Roll Call. All Present. (Council Member Bestpitch participated by electronic means). The Invocation was delivered by The Reverend Jeff Wilson, Pastor, Huntington Court United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. CERTIFICATION OF CLOSED MEETING. (7 -0) NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 18 at 7:00 p.m., and Saturday, February 20 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 14 A. PUBLIC HEARINGS: 1. Request of Charles Kostelni representing Walker Machine and Foundry Co., to vacate a portion of 20 foot wide alley that extends southwest from Russell Avenue, S. W. Charles Kostelni, Controller, Spokesperson. Matter was continued until the March 8, 2021 City Planning Commission Meeting. 2. Request of Alvin F. Woods to repeal all conditions previously proffered as part of a previous rezoning by the adoption of Ordinance No. 40189- 031615 on property located at 1113 11th Street, N. E.; and to rezone property located at 0 10th Street, N. E., from CN, Commercial - Neighborhood District, to CG, Commercial - General District. Mark Ayles, Agent, Spokesperson. Adopted Ordinance No. 41996- 021621. (7 -0) B. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. C. ADJOURNED - 7:15 P.M. X �a CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 16, 2021 Subject: Scheduling a public hearing to consider expansion of Williamson Road Area Service District Background: The Williamson Road Area Service District was established by Ordinance No. 31472- 052493 on May 24, 1993. An additional $0.10 per $100 of value is assessed on real estate in the district. District proceeds have been directed to the Williamson Road Area Business Association, by written agreement, to provide the additional services in the district. Such services are outlined in an annual work plan and budget submitted to the city for approval. The Williamson Road Area Business Association initiated the proposed expansion and briefed City Council on the proposal on February 1, 2021. Considerations: Section 15.2- 2402.1 of the Code of Virginia (1950), as amended, provides that any change to a service district boundary requires a public hearing and that notice of such public hearing be given by an advertisement in the newspaper over three consecutive weeks. The proposed expansion would add 135 properties comprising 209 acres, with an assessed value of $156.5M, to the district. If approved, the expansion would become effective July 1, 2021. Recommended Action: Authorize the advertisement and scheduling of a public hearing to be held on March 15, 2021, or at such time thereafter as the matter may be reached, or at such later date and time as the City Manager may determine, to consider expansion of the Williamson Road Area Service District to include additional land areas. Robert owell, Jr. City Manager Distribution: Council Appointed Officers Brent Robertson, Asst. City Mgr. for Community Development Amelia C. Merchant, Director of Finance Susan Lower, Real Estate Valuation Manager Timothy R. Spencer City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 TELEPHONE 540.853 -2431 FAX 540 - 853.1221 EMAIL: cityatty @roanokeva.gov February 16, 2021 The Honorable Mayor and Members Of City Council Roanoke, Virginia Re: Request for Closed Meeting Dear Mayor Lea and Council Members: David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Kelsey M. Durkin Assistant City Attorneys This is to request that Council convene a closed meeting to consult with legal counsel requiring the advice of counsel, pursuant to Section 2.2- 3711.A.7, Code of Virginia (1950), as amended. Sincerely yours, in y R. Spencer ity Attorney LSC /l c: Robert S. Cowell, Jr., City Manager Cecelia F. McCoy, City Clerk CECELIA F. MCCOY, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkCroanokeva.gov February 17, 2021 Teresa McDaniel, Secretary Human Services Advisory Board Roanoke, Virginia Dear Ms. McDaniel: CECELIA T. WEBB, CMC Deputy City Clerk This is to advise you that Bradley Stephens has qualified as a member of the Human Services Advisory Board for a four -year term of office, commencing December 1, 2020 and ending November 30, 2024. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Bradley Stephens, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Advisory Board for a four -year term of office, commencing December 1, 2020 and ending November 30, 2024 according to the best of my ability. (So help me God.) BRADLEY 3TEPHENS The foregoing oath of office was taken, sworn to, and subscribed before me by Bradley Stephens thi 7 .2L day of 2021. Brenda S. Hamilton, Clerk of the Circuit Court 1 CECELIA F. MCCOY, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: elerkCaroanokeva.gov February 17, 2021 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: CECELIA T. WEBB, CHIC Deputy City Clerk This is to advise you that Patricia Wilhelms has qualified as a member of the Roanoke Arts Commission for a three -year term of office, commencing July 1, 2020 and ending June 30, 2023. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Patricia Wilhelms, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a three -year term of office, commencing July 1, 2020 and ending June 30, 2023, according to the best of my ability. (So help me God.) qLrv�te- 9,), f h& 4, PATRICIA WILHELMS The foregoing oath of offiicce was taken, sworn to, and subscribed before me by Patricia Wilhelms this 2 / day of It Y1 2021 Brenda S. Hamilton, e Circuit Court By � , Clerk CECELIA F. MCCOY, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkCroanokeva.gov CECELIA T. WEBB, CMC Depute City Clerk February 17, 2021 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: This is to advise you that Kevin Deck has qualified as a member of the Roanoke Arts Commission to fill the unexpired term of office of Lora Katz ending June 30, 2022. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Kevin Deck, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission to fill the unexpired term of office of Lora Katz ending June 30, 2022, according to the best of my ability. (So help me God.) K V 1 The foregoing oath of office was taken, sworn to, and subscribed before me by Kevin Deck this ''G day of 2021. NJ T Brenda S. Hamilton, Clerk of the Circuit Court BY , Clerk --- - 9�ma I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2021. No. 41989 - 021621. A RESOLUTION accepting the Rescue Squad Assistance Fund grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Rescue Squad Assistance Fund grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $162,000, with a local match of $162,000, making the total funding in the amount of $324,000, to be used to purchase Heart Monitors /Defibrillators, as more particularly described in the City Council Agenda Report dated February 16, 2021. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents to accept the grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: (��t.� City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2021. No. 41990 - 021621. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 2020 -2021 General Fund and Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2020 -2021 General Fund and Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment Revenues RSAF Equipment FY21 — State RSAF Equipment FY21 — Local 35- 520 - 3731 -9015 324,000 35- 520 - 3731 -3731 162,000 35- 520 - 3731 -3732 162,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: r r �� City Clerk. CITY COUNCIL AGENDA REPOR 9✓ fM To: Honorable Mayor and Members of City Council Meeting: February 16, 2021 Subject: Virginia Office of Emergency Medical Services Funds Acceptance for Roanoke Fire -EMS Department Background: The Virginia Department of Health, Office of Emergency Medical Services, administers and awards a Rescue Squad Assistance Fund (RSAF) grant twice annually. Roanoke Fire -EMS applied for this grant in order to purchase Heart Monitors /Defibrillators for a total value of $162,000. The State Office of Emergency Medical Services awarded Roanoke Fire -EMS a grant totaling $162,000 which requires a 50/50 match from the City. The grant funds are as follows: $162,000 towards the purchase of Heart Monitors /Defibrillators plus matching funds of $162,000, also for Heart Monitors /Defibrillators, which will come from the grant match account. Considerations: City Council approval is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment in accordance with the provisions of this grant. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the grant fund for State funds in the amount of $162,000 for the equipment. Transfer funding in the amount of $162,000 from the grant match account into accounts to be establirinth rant Fund by the Director of Finance. -- - - - - -- ---- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance A F F. LY ~� COMMONWEALTH of VIRGINIA Department of Heafth PO Box 2448 TTY 7.1.1 OR RICHMOND, VA 23218 7- 800.828.7120 January 01, 2021 James Cady Roanoke Fire - Ems Department 713 Third Street Sw Roanoke, VA 24016 Dear Grant Administrator: The Office of Emergency Medical Services (GEMS) is pleased to announce that your agency has been awarded funding from the Financial Assistance for Emergency Medical Services Grant Program, known as the Rescue Squad Assistance Fund (RSAF). The attached Award Page itemizes the actual dollar value, quantity, funding level and item(s) your agency has been awarded under this program. The following documents can be completed and submitted via E -Gift: Memorandum of Agreement: Must be submitted by February 28, 2021. Instructions for Grant Reimbursement: All items must be submitted in order to process your reimbursement. Equipment Status /Final Report Form: This form must be submitted sixty (60) days after the grant cycle deadline. If your agency has had special conditions placed on your grant award, any and all conditions must be met in order to receive reimbursement. Items awarded may be available by state contract, www.eva.virginia.gov, OEMS recommends your agency purchase under state contract if applicable. Any funding your agency receives through Return to Localities funding cannot be used as the matching share of Rescue Squad Assistance Fund grants or any grants offered using Four - For -Life funds. "Any funds received from Section 16.2- 694 by a non -state agency cannot be used to match any other funds derived from Section 46.2 -691 by that same non - state agency ". All items awarded funding must be ordered from the vendor by February 28, 2021 invoices for all items awarded funding must be submitted to OEMS by July 31, 2021. You must contact OEMS prior to the February 28, 2021 deadline if your agency has encountered difficulties in meeting these deadlines. If you have any questions, please contact Luke Parker, OEMS Grant Program Manager at (804) 888 -9106, luke.parker @vdh.virginia.gov or Linwood P. Pulling, Grant Specialist at (804) 888 -9105, Linwood .Pulling @vdh.virginia.gov or 1- 800 - 523 -6019 for additional grant information. Congratulation�s, / 4 �? Nkw, Gary R. Brown, Director VO'DEOf HfMT" hob VW and ftw is r.*m w uwwvdh.virg nia.gov4ocms Office of Emergency Medical Services Consolidated Grant Program AWARD PAGE January 1, 2021 - December 31, 2021 Grant Period Agency Name: Roanoke Fire - Ems Department Grant Number: WV- C01/12 -20 Item Type (Item) Status Quantity Funded Funding /o Level Amount Funded Cardiac Monitor /Defibrilator FUNDED 9 50/50 $162,000.00 Conditions: 13- Acknowledgment must be provided on any printed material, equipment or vehicle as follows: "Funding was made possible by a grant from the Virginia Office of Emergency Medical Services, Virginia Department of Health." 28- Agencies must remain compliant with EMS data submissions (Code of Virginia Section 32.1- 116.1). This includes documenting "No Runs to Submit" as applicable. The monthly Data Quality Report will be used to monitor compliance. 29- Agencies that utilize third party EPCR software systems must maintain a data quality score of 95% or above during the grant cycle. The monthly Data Quality Report will be used to monitor compliance. 32 -The Agency's required demographic information must be current for the cycle year in the EMS EPCR system. Total: $162,000.00 �� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2021. No. 41991 - 021621. A RESOLUTION adopting the Roanoke, Virginia Strategic Plan 2021 -2022 (2021 Strategic Plan). WHEREAS, Roanoke has a history of engagement in strategic thinking and taking strategic action as evidenced by the Council's development, adoption, and review of the City's Comprehensive Plan; WHEREAS, the City developed the Roanoke, Virginia Strategic Plan focused on strategies and actions that will be needed to progress and promote the community vision in the seven strategic areas of Education, Community Safety, Human Services, Infrastructure, Good Government, Livability, and Economy; WHEREAS, City Council adopted Resolution No. 41672 - 021820 on February 18, 2020 that approved the 2020 Strategic Plan and established a process to review the 2020 Strategic Plan on an annual basis, as determined by the City Manager and directed the City Manager to provide City Council with semi - annual progress reports and an annual performance measure report with respect to implementation of the Strategic Plan; WHEREAS, commencing with the strategic planning retreat, and continuing review and revisions during fiscal year 2021 as more particularly discussed in the City Council Agenda Report dated February 16, 2021, City Council reviewed, revised, and developed the proposed 2021 Strategic Plan; and WHEREAS, pursuant to Resolution No. 41672 - 021820, the City Manager provided City Council with progress reports and recommends adoption of the 2021 Strategic Plan to further define and implement the community vision, identify several strategic areas central to achieve this vision, and defines the roles and responsibilities of the City administration in responding to each of the strategic areas as described in the City Council Agenda Report dated February 16, 2021. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that 1. City Council approves the Roanoke, Virginia Strategic Plan 2021 -2022 that is attached to the City Council Agenda Report dated February 16, 2021. 2. City Council reaffirms the directives set forth in Resolution No. 41672 - 021820 that City Council will review the 2021 Strategic Plan on an annual basis, as determined by the City Manager, and that the City Manager will provide City Council with semi - annual progress reports and an annual performance measure report with respect to implementation of the 2021 Strategic Plan. ATTEST: City Clerk. V CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 16, 2021 Subject: Adoption of "Roanoke Virginia Strategic Plan 2021- 2022" Background: In these unprecedented times, strategic thinking focused on community vision, strategies, and actions is more necessary than ever to progress toward that community vision. Beginning in 2019, the Council built upon its legacy of strategic thinking through the adoption of the "Roanoke Virginia Strategic Plan 2019" (Plan), the first formal strategic plan formulated for the City. This Plan, along with the City's Comprehensive Plan, which represents how the City will physically change over time, provides a foundation upon which to build more detailed plans, strategies and actions. A year of unprecedented change has occurred since the last revision of the plan in 2020. The process used in the development of this Plan started with a Council strategic planning retreat held in the summer of 2020 which included a review of current strategic items, overviews of governance in Virginia, the Council - Manager form of government, economic and social characteristics of Roanoke, and public service delivery in Roanoke. This retreat included a robust discussion of current conditions, projected trends and the goals for the future of the City. An affirmation of the community vision and an outline of the strategies were the principal products resulting from the retreat. A draft Plan was prepared and presented to the Council at their annual budget planning retreat held in October. A final draft version was made available for public review and comment in January 2021. Revisions were made and the final version crafted, which has been forwarded via separate email. The Council will review the Plan on an annual basis, making adjustments every two years or as necessary, following a process similar to that used in the creation of this plan. Additionally, City Management will provide the Council with regular progress reports on the Plan and a performance measure report annually. Considerations: The Plan clearly states the community vision and identifies seven strategic areas of importance which are central to the accomplishment of that vision: Education, Community Safety, Human Services, Infrastructure, Good Government, Livability, and Economy. For each strategic area, the plan identifies actions and initiatives to be taken to achieve the desired results, and identifies various statistical and data - driven indicators which will help measure the extent of those results. Finally, the Plan also outlines the roles and responsibilities of the City administration to respond to each of the strategic areas to develop and administer programs and deliver services aligned with certain core values, organizational framework, and specific strategies. Recommended Action: Approve a Resolution adopting the "Roanoke Virginia Strategic Plan 2021- 2022." Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Brent Robertson, Assistant City Manager for Community Development Sherman M. Stovall, Deputy City Manager for Operations 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2021. No. 41992- 021621. AN ORDINANCE approving the terms of an Agreement to Modify Blue Hills Village Concept Plan between the City of Roanoke, Virginia, and the National Bank of Blacksburg; authorizing the City Manager to execute such Agreement; authorizing the City Manager to implement, administer, and enforce such Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City of Roanoke, Virginia ( "City "), entered into a Contract for Purchase and Sale of Real Property ( "Contract ") regarding the Original Parcel with Blue Hills Village, LLC ( "BHV "), dated August 9, 2006, and a subsequent amendment to the Contract dated September 21, 2006; WHEREAS, by deed dated October 11, 2006, the City conveyed the original parcel to BHV subject to certain terms and conditions, including the limitations on future development as set forth in the Original BHV Concept Plan. BHV then granted two deeds of trust to The National Bank of Blacksburg to secure certain financial obligations of BHV owed to The National Bank of Blacksburg, and these deeds of trust were subject to all terms, conditions, restrictions, and reservations as set forth in the original deed from the City of Roanoke; WHEREAS, BHV subdivided the original parcel into seven (7) parcels as depicted in a subdivision plat, which was recorded on August 21, 2007, and each of these parcels created by the subdivision plat were subject to the limitations of the Original BHV Concept Plan; WHEREAS, BHV requested the City to consider an amendment to the Original BHV Concept Plan that would change the principal use allowed on two adjacent parcels and City 1 Council adopted Ordinance No. 38788 - 050310, dated May 3, 2010, and approved this modification to the Original BHV Concept Plan by replacing such concept plan with the Revised BHV Concept Plan, and authorized the execution of an amended deed which was recorded in May, 2010; WHEREAS, in December, 2013, BHV conveyed the five remaining parcels located within the City to the National Bank of Blacksburg by deed in lieu of foreclosure; WHEREAS, in 2014, the National Bank of Blacksburg requested that the City modify the Blue Hills Village Concept Plan. By Ordinance No. 40058- 091514, adopted on September 15, 2014, City Council authorized the execution, delivery, and performance of an Agreement to Modify the Blue Hills Village Concept Plan by the City. The City and National Bank of Blacksburg executed the Agreement to Modify the Blue Hills Village Concept Plan, dated September 16, 2014; and WHEREAS, the National Bank of Blacksburg has again requested the City to amend the development restrictions imposed to allow for certain additional uses for one of the remaining parcels in order to promote development of the remaining parcels. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of an Agreement to Modify Blue Hills Village Concept Plan between the City of Roanoke, Virginia, and the National Bank of Blacksburg ( "Agreement "), all as more fully set forth in the City Council Agenda Report dated February 16, 2021. 2. The City Manager is authorized to execute, on behalf of the City, an Agreement to Modify Blue Hills Village Concept Plan between the City of Roanoke, Virginia, and the National Bank of Blacksburg, which Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the Agreement attached to the above mentioned Agenda Report. 3. The City Manager is hereby authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Agreement, with any such documents to be approved as to form by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: V +-j City Clerk. 3 AGENDA r r • r To: Honorable Mayor and Members of City Council Meeting: February 16, 2021 Subject: Approval of an Agreement to Modify the Concept Plan for the Development of Blue Hills Village Background: As part of the original tract for the Roanoke Centre for Industry and Technology (RCIT), the City of Roanoke (City) was record title owner of an approximately 11.06 acre tract (Original Parcel) located at the northeast corner of Blue Hills Drive, N.E. and Orange Avenue, N.E. In 2006, as part of a strategy to prepare the Original Parcel for sale, City Council approved a rezoning of the Original Parcel from its 1 -1 (Light Industrial) designation to CG (Commercial General) subject to certain proffered conditions, including limitations on the number of permitted uses under the CG zoning district designation. The City entered into a Contract for Purchase and Sale of Real Property (Contract) regarding the Original Parcel with Blue Hills Village, LLC (BHV), dated August 9, 2006 and a subsequent amendment to the Contract dated September 21, 2006. Such Contract, as amended, contained a concept plan which identified the subsequent subdivision and development of the Original Parcel into 7 development sites, each limited to a single specific principal use (Original BHV Concept Plan). By deed dated October, 11, 2006, the City conveyed the Original Parcel to BHV subject to certain terms and conditions, including the limitations on future development as set forth in the Original BHV Concept Plan. BHV then granted a deed of trust to The National Bank of Blacksburg (Successor Owner) to secure certain financial obligations of BHV. This deed of trust was subject to all terms, conditions, restrictions, and reservations as set forth in the original deed from the City. BHV subdivided the Original Parcel into seven (7) parcels situated in the City as depicted in a subdivision plat which was recorded on August 21, 2007. The parcels created were subject to the limitations of the Original BHV Concept Plan. One of the said parcels which fronts along Orange Avenue, N.E. (Tax Map No. 7160116) was developed in 2010 with multiple retail sales and service establishments. Also in 2010, BHV requested the City to consider an amendment to the Original BHV Concept Plan that would change the principal use allowed on two adjacent parcels located along Blue Hills Drive, N.E. from day care facility to office and vice versa. City Council adopted Ordinance No. 38788 - 050310 and approved this modification to the Original BHV Concept Plan by replacing such plan with the Revised BHV Concept Plan, and authorized the execution of an amended deed which was recorded in May, 2010. BHV then conveyed one of the parcels to L.K.A., Inc. which then constructed and opened a daycare center in 2011 on the parcel designated as Tax Map No. 7160121. In December, 2013, BHV conveyed the five remaining parcels located within the City to the Successor Owner by deed in lieu of foreclosure. Such conveyance was subject to all easements, restrictions, and reservations, including but not limited to, the limitation on the principal use designated for each parcel as set forth in the Revised BHV Concept Plan. By Ordinance No. 40058 - 091514, adopted on September 15, 2014, the Successor Owner successfully amended the development restrictions imposed on the five vacant parcels (Remaining Parcels) in order to provide more flexibility and development options for the Successor Owner to attract commercial developmental interests. On December 5, 2016, by Order of the Circuit Court for the County of Roanoke, in Case No. CL16002128, the Court ordered that the boundary line between Parcel 1 (Tax Map No. 7160122) and Parcel 2 (Tax Map No. 7160115) was adjusted so that Parcel 1 is now located in the City of Roanoke. In September 2019, the Successor Owner conveyed the parcel located at the main entrance on Orange Ave to RCIT (Tax Map No. 7160117) to 3601 Blue Hills LLC, which then developed and opened a Starbucks in September 2020. The Successor Owner proposes to develop Parcel 1 (Tax Map No. 7160122) and Parcel 2 (Tax Map No. 71601 1 5) fronting on Orange Ave in order to facilitate two new retail or restaurant opportunities. In order to accomplish this, Successor Owner has requested the City to remove the restriction on Parcel 1 that it shall only be used for parking for Parcel 2. The attached map illustrates the arrangement and orientation of those parcels. Considerations: These parcels located at the entrance to RCIT are important not only as a gateway into the Centre, but also as economic development opportunities along the Orange Avenue corridor into the City. Therefore, ensuring both a broad and diverse range of commercial uses is important. In order to provide a broader mix of potential commercial land uses which also reflect the existing proffered conditions of the 2006 Rezoning and 2013 modifications, the attached Agreement to Modify Blue Hills Village Concept Plan (Agreement) has been drafted which outlines for each of the Remaining Parcels the specific uses that may be developed on such parcels. The Agreement will modify the Second 2 Revised BHV Concept Plan by removing the restriction on Parcel 1 that it shall only be used for parking for Parcel 2 and allowing all uses on Parcel 1 as are allowed on Parcel 2 (restaurant, retail, etc.), as set forth in the Agreement. Recommended Action: Approve the terms of the Agreement to Modify Blue Hills Village Concept Plan between the City and the Successor Owner as set forth in this report. Authorize the City Manager to execute such Agreement between the City and the Successor Owner, substantially similar to the one attached to this report, and to execute such other documents and take such further actions as may be necessary to implement, administer, and enforce such Agreement, with the form of such Agreement and any other documents to be approved by the City Attorney. --------------------------- Robert S. Cowell, fir. 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'' J O I O '° J \ J_ WM lAEEM m O NAI NE.— � , , EX -B Draft 2.16.21 AGREEMENT TO MODIFY BLUE HILLS VILLAGE CONCEPT PLAN THIS AGREEMENT TO MODIFY BLUE HILLS VILLAGE CONCEPT PLAN is made this day of February, 2021, by the CITY OF ROANOKE, VIRGINIA, a municipal corporation established and existing under the laws of the Commonwealth of Virginia ( "City "), and THE NATIONAL BANK OF BLACKSBURG, t/a NATIONAL BANK, a national banking association ( "Successor Owner "). RFCITAT R A. The City was the owner of certain real property together with any improvements thereon, situated at Blue Hills Drive, N.E., Roanoke, Virginia, depicted as Tax Map No. 7160113, containing 11.0679 acres, more or less, (the "Original Parcel ") and which Original Parcel is shown as Parcel IC-2 on a certain plat of survey entitled "Parcel IC-2 11.0679 acre property of the City of Roanoke and 1.6159 acre property of Blue Hills Village, LLC," dated September 8, 2006, revised September 19, 2006, revised October 9, 2006, and prepared by Warner- Everett Land Surveyors (the "Original Plat "). B. The Original Parcel was rezoned to Commercial General (CG), subject to certain conditions, pursuant to Ordinance No. 37461 - 061906 (the "Rezoning Ordinance "), adopted by Council of the City of Roanoke on June 19, 2006. One of the conditions included in the Rezoning Ordinance was to limit the permitted uses, otherwise allowed in the CG zoning district, which could be developed on the Original Parcel. C. The City, as authorized by Ordinance No. 37502- 080706, and Blue Hills Village, LLC, a Virginia limited liability company ( "BHV ") entered into a Contract For Purchase and Sale of Real Property dated August 9, 2006, for the sale of the Original Parcel by the City to BHV, as amended by an amendment dated September 21, 2006 (collectively, the "Contract "). Pursuant to the terms and conditions of the Contract, BHV agreed to develop the Original Parcel in accordance with the Blue Hills Village Concept Plan dated March 13, 2006 (the "Original BHV Concept Plan "). Pursuant to the Original BHV Concept Plan, development of the seven (7) parcels within the City and depicted on the Original BHV Concept Plan would each be limited to a specific principal use as set forth therein. D. By deed dated October 11, 2006, the City conveyed the Original Parcel to BHV pursuant to and subject to the terms and conditions of the Contract, including, without limitation, the restrictions on development as set forth in the Original BHV Concept Plan. The deed was recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 060016863 (the "Original Deed "). Draft 2.16.21 E. On October 11, 2006, BHV granted the Successor Owner a deed of trust that encumbered the Original Parcel to secure obligations of BHV owed to Successor Owner (the "Original Deed of Trust "). The Original Deed of Trust was expressly subject to all terms, conditions, restrictions, and reservations set forth in the Original Deed. The Original Deed of Trust was recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 060016864. F. BHV subdivided the Original Parcel into seven (7) parcels as depicted in a plat of subdivision entitled "Plat Showing a Resubdivision of Parcel 1C -2 11.0679 acres, Instrument No. 0600168 -63, City of Roanoke, Virginia and 1.16159 acres, Instrument No. 200613007, Hollins Magisterial District, County of Roanoke, Virginia, creating hereon Lots 1 -8 and Common Area, the properties of Blue Hills Village, LLC," dated July 19, 2007, prepared by Warner Everett Land Surveyors, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia on August 21, 2007 at MB 1, Pages 3209 & 3210 (the "Subdivision Plat "). The parcels created by the Subdivision Plat were subject to the limitations of the Original BHV Concept Plan and were subsequently assigned tax map designations by Roanoke County and the City as follows: Subdivision Plat Official Tax Map No. Principal Use (BHV Original Parcel Number Concept Plan) Parcel 1 050.05 -01- 26.00 -0000 Parking for Parcel 2 (Roanoke County) [now situated in (TM 7160115) Roanoke City, and designated as Official Tax Map No. 7160122] Parcel 2 (City) 7160115 Restaurant (eating establishment and eating and drinking establishment) Parcel 3 (City) 7160116 Retail, multi- tenant Parcel 4 (City) 7160117 Restaurant (eating establishment and eating and drinking establishment) Parcel 5 (City) 7160118 Hotel Parcel 6 (City) 7160119 Office Building (general or professional) Parcel 7 (City) 7160120 Daycare facility Parcel 8 (City) 7160121 Office building (general or professional) 2 Draft 2.16.21 G. BHV and Successor Owner modified the Original Deed of Trust by a modification agreement dated February 12, 2008, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 080001891 (the "Modification "). BHV granted Successor Owner a second deed of trust dated May 7, 2008, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 080013612 (the "Additional Deed of Trust "). The Modification and the Additional Deed of Trust were subject to all terms, conditions, restrictions, and reservations set forth in the Original Deed. H. By deed dated January 5, 2009, BHV conveyed Parcel 3 as shown on the Subdivision Plat (Official Tax Map No. 7160116) to New Century Development Co., LLC, a Virginia limited liability company, subject to all easements, restrictions, and reservations of record. This deed was recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 090000104. I. In 2010, BHV requested the City to consider an amendment to the Original BHV Concept Plan that would change (i) the principal use of Parcel 7 (Official Tax Map No. 7160120) from a daycare facility to office building (general or professional), and (ii) the principal use of Parcel 8 (Official Tax Map No. 716012 1) from office building (general or professional) to daycare facility. BHV made this request to accommodate the contemplated sale of Parcel 8 for the use and operation of a daycare facility. J. Pursuant to Ordinance No. 38788 - 050310, City Council authorized the City to amend the Original Deed by replacing the Original BHV Concept Plan with a revised concept plan dated April 15, 2010 (the "Revised BHV Concept Plan ") and made the change of principal use for Parcel 7 and Parcel 8 as requested by BHV. The City and BHV executed the amended deed on May 10, 2010, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 100005450. K. BHV adjusted the boundary between Parcel 7 and Parcel 8 on the Subdivision Plat in accordance with a plat entitled "Boundary Line Adjustment between Lot 7 & Lot 8," dated April 28, 2010, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia on July 6, 2010, at MB 1, Page 3594 (the "Boundary Line Plat "). The Boundary Line Plat redesignated Parcel 7 (Official Tax Map No. 7160120) as Parcel 7A and Parcel 8 (Official Tax Map No. 7160121) as Parcel 8A. L. By deed dated August 10, 2010, BHV conveyed Parcel 8A (Official Tax Map No. 7160121) to L.K.A., Inc., a Virginia corporation, for the construction and operation of a daycare facility on the parcel. The deed was recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as Instrument No. 100007450 (the "LKA Deed "). The LKA Deed 3 Draft 2.16.21 was subject to all easements, restrictions, and reservations of record affecting this property. M. By deed in lieu of foreclosure dated December 23, 2013, BHV conveyed the five (5) remaining parcels situated in the City to Successor Owner ( "Deed in Lieu "). The Deed in Lieu was recorded in the Clerk's Office of the Circuit Court for the City of Roanoke as Instrument No. 130014533. The Deed in Lieu conveyed to Successor Owner title to Parcel 2 (TM 7160115), Parcel 4 (TM 7160117), Parcel 5 (TM 7160118), Parcel 6 (TM 7160119), and Parcel 7A (TM 7160120), (collectively, the "Remaining Parcels "), subject to all easements, restrictions, and reservations, including, but not limited to, the limitation on the principal use designated for each parcel as set forth in the Revised BHV Concept Plan. N. Successor Owner requested that the City modify the Blue Hills Village Concept Plan. By Ordinance No. 40058- 091514, adopted on September 15, 2014, City Council authorized the execution, delivery, and performance of an Agreement to Modify the Blue Hills Village Concept Plan by the City. The City and Successor Owner executed the Agreement to Modify the Blue Hills Village Concept Plan, dated September 16, 2014 (the "Second Modification "), and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia at Instrument 140009676, Pages 0077 -0086 ( "Second Concept Plan Amendment "). Successor Owner acknowledged and agreed in the Second Concept Plan Amendment that the terms and conditions of the Contract remained in force and effect with respect to the remaining portions of the Property owned by Successor Owner. O. On December 5, 2016, by Order of the Circuit Court for the County of Roanoke, in Case No. CL16002128, the Court ordered that the boundary line between Parcel 1 and Parcel 2 was adjusted so that Parcel 1 is now located in the City of Roanoke. P. Successor Owner has requested the City to amend the development restrictions imposed on the Remaining Parcels by the Revised BHV Concept Plan and the Second Concept Plan Amendment to allow for certain additional uses for one of the Remaining Parcels in order to promote development of the Remaining Parcels. Q. The City is willing to amend the Revised BHV Concept Plan and Second Concept Plan Amendment in accordance with this Agreement, provided that the Remaining Parcels are otherwise subject to all easements, restrictions, reservations, and conditions imposed on the Remaining Parcels by the Original Deed, the Amended Deed, the Contract, the Second Modification, and this Agreement. 11 Draft 2.16.21 THEREFORE, based upon the mutual covenants and promises set forth herein, and the Recitals set forth above, which Recitals are an integral part of this Agreement and are incorporated by reference in this Agreement, the City and Successor Owner agree as follows: Modifications to Revised BHV Concept Plan and Second Concept Plan Amendment as set forth in the Contract. A. Section 1.0 of the Second Modification establishes the requirement of Successor Owner, to develop Parcel 1 as depicted on the Subdivision Plat, situated in Roanoke County, and designated as Official Tax Map No. 050.05 -01- 26.00 -0000 [now situated in Roanoke City, and designated as Official Tax Map No. 7160122], solely as a parking lot in connection with any allowed use on Parcel 2 (TM No. 7160115). The City and Successor Owner agree to modify this development restriction in accordance with this Agreement. B. The City and Successor Owner agree that Successor Owner shall develop Parcel I (Tax Map No. 7160122) in substantial conformity with the following uses designated for Parcel 2: FForFFoF For purposes of this Agreement, substantial conformity shall mean that the buildings and improvements constructed on Parcel 1 must be for one of the uses identified above. All such buildings and improvements, including the size, placement, and location of buildings and improvements, shall be within the limits allowed by and subject to all applicable laws, rules, regulations, local codes, and regulations. C. Successor Owner agrees to place in the deeds and contracts of any entities to which Successor Owner sells or transfers any of the Remaining Parcels or Parcel 1 that such entities are bound by, and subject to the conditions set 5 Allowable Uses Parcel 2 a) Restaurant (Eating establishment and (TM No.7160115) Eating and drinking establishment) b) Bakery, confectionary, similar food production, retail c) Drive- through facility d) Financial Institution e) Office, general or professional f) Personal service establishment, (not otherwise listed in Table 304 -1. Use Matrix, City Zoning Ordinance) g) Retail sales establishment (not otherwise listed in Table 304 -1. Use Matrix, City Zoning Ordinance) FForFFoF For purposes of this Agreement, substantial conformity shall mean that the buildings and improvements constructed on Parcel 1 must be for one of the uses identified above. All such buildings and improvements, including the size, placement, and location of buildings and improvements, shall be within the limits allowed by and subject to all applicable laws, rules, regulations, local codes, and regulations. C. Successor Owner agrees to place in the deeds and contracts of any entities to which Successor Owner sells or transfers any of the Remaining Parcels or Parcel 1 that such entities are bound by, and subject to the conditions set 5 Draft 2.16.21 forth in the Contract, as modified by this Agreement, the intent being that the City shall be named by Successor Owner as a third party beneficiary in all contracts and deeds and shall be able to enforce the obligations of Successor Owner under the Contract, as modified by this Agreement, until the initial development of each of the Remaining Parcels and Parcel 1, and the buildings and improvements thereon have been completed in accordance with the limitations set forth in this Agreement. Completion of the initial development of each of the Remaining Parcels and Parcel 1 shall be deemed to have occurred where a permanent certificate of occupancy has been issued and such parcel, together with the buildings and improvements constructed thereon, within the Remaining Parcels and Parcel 1, are in accordance with this Agreement. When such permanent certificate of occupancy has been issued, the obligations of the then current owner of such Remaining Parcel and Parcel 1 to which the certificate applies under the Contract, as modified by this Agreement, shall be deemed to have been satisfied as to the City with respect to such parcel within the Remaining Parcels and Parcel 1. D. The City and Successor Owner agree that this Agreement amends the Revised BHV Concept Plan and the Second Concept Plan Amendment, to the extent of any inconsistency between the provision of this Agreement and the Contract (including the Revised BHV Concept Plan and the Second Concept Plan Amendment), that this Agreement shall control. 2. Acknowledgment of Continuing Obligations. A. Successor Owner acknowledges and agrees that the Remaining Parcels are subject to all terms, conditions, restrictions, easements, and reservations set forth in the Deed, Amended Deed, Contract, and Second Modification in accordance with their terms, except as modified by this Agreement. B. Successor Owner ratifies, confirms, and agrees that all terms, conditions, and obligations of the Contract and Second Modification, as modified by this Agreement, are binding upon Successor Owner, its successors and assigns. 3. Forum Selection and Choice of Law. Successor Owner agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is controlled by, and shall be construed and interpreted in accordance with the laws of the Commonwealth of Virginia (with the exception of Virginia's Conflicts of Law provisions which shall not apply) and all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. Successor Owner further waives and agrees not to assert in any action, suit, or proceeding that Successor Owner is not personally subject to the 0 Draft 2.16.21 jurisdiction of such courts, that such action, suit or proceeding is brought in an inconvenient forum, or venue of the action, suit, or proceeding is improper. 4. Authority to Sign. A. The persons who have executed this Agreement on behalf of the parties hereto represent and warrant they are duly authorized to execute this Agreement on behalf of the respective entities. B. Prior to execution of this Agreement, the City shall provide Successor Owner with a copy of the ordinance adopted by the Council of the City of Roanoke, Virginia authorizing the City Manager to execute this Agreement on behalf of the City. C. Successor Owner shall provide the City with a certificate from the authorized officer of Successor Owner that certifies (i) the action of the Board of Directors of Successor Owner to authorize the execution, delivery, and performance of this Agreement by Successor Owner, and (ii) the names and titles of the officers of Successor Owner. 5. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 6. Notices. All notices hereunder must be in writing and sent to the respective parties at the following addresses: If to the City: City of Roanoke, Attention: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 If to the Successor Owner: The National Bank of Blacksburg Attention: President and CEO 101 Hubbard Street Blacksburg, VA 24060 7. Entire Agreement. 7 Draft 2.16.21 This Agreement constitutes the entire agreement between the City and Successor Owner regarding the modifications of the limitations imposed upon the Remaining Parcels by the Amended Deed, the Contract, and the Revised BHV Concept Plan. No amendment to this Agreement shall be valid unless any such amendment is in writing and executed by each of the parties. SIGNATURES APPEAR ON FOLLOWING PAGES IN WITNESS WHEREOF, the City and Successor Owner have executed this Agreement by their authorized representatives. Draft 2.16.21 CITY OF ROANOKE, VIRGINIA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: Robert S. Cowell, Jr. City Manager The foregoing instrument was acknowledged before me this _day of February, 2021, by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of the City of Roanoke, Virginia. My commission expires: My registration Number: Notary Public SEAL WITNESS /ATTEST: Printed Name: To -Wit: THE NATIONAL BANK OF BLACKSBURG t/a NATIONAL BANK By: F. Brad Denardo, President and CEO The foregoing instrument was acknowledged before me this _day of February, 2021, by F. Brad Denardo, the duly authorized President and CEO of The National Bank of Blacksburg, t/a National Bank, a national banking association, by and on behalf of The National Bank of Blacksburg, t/a National Bank. My commission expires: My registration Number: Approved as to Form: Notary Public Approved as to Execution: SEAL 0 Draft 2.16.21 City Attorney Authorized by Ordinance No. City Attorney 10 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2021. No. 41993 - 021621. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation for the Highway Safety Improvement Program (HSIP), amending and reordaining certain sections of the 2020 -2021 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2020 -2021 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Construction —Other 08- 530 - 3940 -9065 $ 101,984) Construction — Other 35- 530 - 3940 -9065 $(101,984) Revenues VDOT Highway Safety Improvement 08- 530 - 3940 -3940 91,786 Program FY21 — Federal PT VDOT Highway Safety Improvement 08- 530 - 3940 -3941 10,198 Program FY21 - State VDOT Highway Safety Improvement 35- 530 - 3940 -3940 (91,786) Program FY21 — Federal PT VDOT Highway Safety Improvement 35- 530 - 3940 -3941 (10,198) Program FY21 - State Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTE : } City Clerk. v� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 16, 2021 Subject: Repeal of Budget Ordinance No. 41938 - 122120, adopted by Roanoke City Council on December 21, 2020 for the Acceptance of FYI Virginia Department of Transportation (VDOT) Highway Safety Improvement Program (HSIP) UPC 113324 for Orange Avenue and Gainsboro Road /Burrell Street Pedestrian Safety Improvements including Authorization of a new VDOT Agreement and Appropriation of Funds Background: By Budget Ordinance No. 41938 - 122120, adopted by Roanoke City Council on December 21, 2020 authorized funding from the Federal Highway Safety Improvement Program (HSIP), which is a federally funded program to reduce fatal and severe injury crashes on roadway segments and at intersections. The program consists of 90% Federal funding and 10% State funding. No local match is required as part of this program. The City's Transportation Division submitted a project proposal to VDOT and was subsequently awarded funding. The proposed project will improve pedestrian crossing conditions by upgrading underground conduits as well as installing pedestrian countdown signals and push buttons at the intersection of Orange Avenue and Gainsboro Road /Burrell Street. The total project cost is approximately $101,984. The original Budget Ordinance No. 41938- 122120 contained an error that placed these funds in the incorrect fund. Considerations: In order to correct this error, City staff recommends that Budget Ordinance No. 41938 - 122120, be repealed, and the City Council adopt the new budget ordinance attached. While no local match is required as part of the HSIP program, VDOT is requiring that the City administer this pedestrian improvement project. VDOT will approve locality actions at various project implementation stages and reimburse the City upon completing the project. The Transportation Division's Traffic Engineering staff will manage the project and hire a contractor for the project installation. City Council's authorization is needed for the City Manager to execute the required agreement and budgetary commitment to the project. Recommended Action: Adopt the accompanying budget ordinance to repeal Budget Ordinance No. 41938- 122120 adopted by City Council on December 21, 2020 and accept VDOT's award of Federal HSIP funding in the amount of $101,984 and authorize the City Manager to execute a VDOT Standard Project Administration Agreement similar to the one attached. Such Agreement shall be in a form approved by the City Attorney. Further, authorize the City Manager to take such actions and execute such documents as necessary to obtain, accept, implement, administer, and use such funds for $101,984 from VDOT for the HSIP project as referenced above. Adopt the accompanying budget ordinance to establish a revenue estimate of $101,984 and to appropriate total funding of $101,984 in accounts established in the Capital Projects fund by the Director of Finance. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Deputy City Manager Amelia C. Merchant, Director of Finance Mark D. Jamison, Director of Public Works Dwayne R. D'Ardenne, Transportation Manager Hong Liu, City Traffic Engineer 2 �l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of Febrary, 2021. No. 41994 - 021621. A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding ( "MOU ") among the City of Roanoke, World Triathlon Corporation ( "WTC "), Roanoke Valley Convention and Visitor's Bureau d /b /a Visit Virginia's Blue Ridge ( "VVBR "), the Counties of Roanoke and Botetourt, and the Town of Vinton, governing the terms, conditions, and obligations among such parties for the Carilion Clinic Ironman 70.3 Triathlon to be held throughout the Roanoke Valley on June 6, 2021, in cooperation with Carilion Clinic, the main sponsor of the event. BE IT RESOLVED BY THE Council of the City of Roanoke that: The City Council hereby authorizes the City Manager to execute an MOU among the City of Roanoke, WTC, VVBR, the Counties of Roanoke and Botetourt, and the Town of Vinton, governing the terms, conditions, and support obligations among such parties for the Carilion Clinic Ironman 70.3 Triathlon ( "Event "), to be held throughout the Roanoke Valley on June 6, 2021, in cooperation with Carilion Clinic, the main sponsor of the Event, all as more fully set forth in the City Attorney Report dated February 16, 2021. 2. VVBR has agreed to provide support for the Event consisting of limited financial support, staff housing and facilitation services, in consideration for WTC selecting the Roanoke Valley as the location for the Event. The City Manager is authorized to execute on behalf of the City, in a form approved by the City Attorney, the aforementioned MOU, such MOU to be substantially similar to the MOU attached to the above mentioned Agenda Report. R- Authorize MOU between City, World Triathlon & participating localities - lronman (2.16.21) The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary and to accept such MOU. ATTEST: V ty Clerk. R- Authorize MOU between City, World Triathlon & participating localities - Ironman (2.16.21) CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 Timothy R. Spencer TELEPHONE 540- 853 -2431 City Attorney FAX 540 - 853 -1221 EMAIL: cityatty @roanoke- va.gov February 16, 2021 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Kelsey M. Martin Assistant City Attorneys Re: Authorize Execution of a Memorandum of Understanding Among World Triathlon Corporation, Roanoke Valley Convention and Visitor's Bureau, Counties of Roanoke and Botetourt, and Town of Vinton for Ironman 70.3 Triathlon Mayor Lea and Members of Council: The Ironman 70.3 is a series of global triathlon events owned and organized by World Triathlon Corporation ( "WTC "), that consist of a total of 70.3 miles covered by athletes in courses consisting of swimming, running, and bicycling. WTC has selected the Roanoke Valley for the location of the Carilion Clinic lronman 70.3 (the "Event ") to be held on June 6, 2021, in cooperation with Carilion Clinic, the main sponsor of the event. The courses of the Event will take place in the City of Roanoke, the Counties of Roanoke and Botetourt, and the Town of Vinton (the "Participating Localities "). The Roanoke Valley Convention and Visitor's Bureau d/b /a Visit Virginia's Blue Ridge ( "VVBR "), has agreed to provide support for the Event, consisting of limited financial support, staff housing and facilitation services, in consideration for WTC selecting the Roanoke Valley as the location for the Event. WTC and VVBR have requested each of the Participating Localities to provide additional support for the Event to include (1) assistance in the selection of an appropriate route for the courses, (2) providing WTC and VVBR a list of property owners located adjacent to the Event courses, (3) providing police assistance and assistance with road closures, and traffic and crowd control, (4) providing emergency services for police and firefighting services, (5) providing assistance with securing parks and other locations for storing materials and equipment used in connection with the Event, and (6) providing such other assistance that is reasonably necessary to facilitate the Event in each Participating Locality. The Participating Localities desire to provide such assistance for the Event, and the parties have agreed upon the terms and conditions governing their respective obligations among each other which are reflected in a Memorandum of Understanding ( "MOU ") attached to this letter. Under the MOU, WTC is required to reimburse each of the Participating Localities for any direct out -of- pocket costs reasonably incurred by the Participating Localities in providing support services associated with the Event, and both VVBR and WTC are required to indemnify and hold the Participating Localities harmless for any breach of the MOU, or negligent act or omissions committed by them or their agents employees or servants. 1 Therefore, I recommend that City Council authorize the City Manager to execute the proposed MOU attached to this letter. The Event is expected to bring several thousands of participants, spectators, and businesses to the City of Roanoke and will provide positive exposure for the City of Roanoke and greater Roanoke Valley at large. Additionally, the Event will generate business for hotels, restaurants, and other businesses in the service and hospitality industries located in the City of Roanoke. Sincerely, Ti y pencer it ttorney Enclosure c: Robert S. Cowell, Jr., City Manager Sherman M. Stovall, Deputy City Manager Amelia Merchant, Director of Finance Cecelia F. McCoy, City Clerk David L. Collins, Assistant City Attorney 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2021. No. 41995-021621. AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and re- ordaining certain sections of the 2020 -2021 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2020 -2021 School Grant Fund Appropriations be, and the same are hereby, amended and re- ordained to read and provide as follows: APPROPRIATIONS Supplement 302- 180- 0000- 1170- 187Q - 61100 - 41129 - 3- 04 $ 1,702.52 Social Security 302- 180- 0000- 1170- 187Q - 61100- 42201 - 3- 04 117.81 Medical Supplies 302- 180- 0000- 1170- 1870- 61100- 46605- 3- 04 2,870.62 Materials & Supplies 302- 180- 0000- 1170- 187Q - 61100- 46615- 3- 04 7,507.05 Equipment 302- 253- 0000- 0000- 375P - 68300- 48821 - 9- 00 131,947.50 REVENUE State Grant Receipts 302- 000- 0000- 0000- 375P - 00000- 32400- 0- 00 $ 105,558.00 Local Match 302- 000- 0000- 0000- 375P - 00000- 72000- 0- 00 26,389.50 Federal Grant Receipts 302- 000- 0000- 0000- 187Q - 00000- 38000- 0- 00 12.198.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: U City Clerk February 16, 2021 ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board Revised Appropriation School Security Equipment Grant 2019 -20 Additional Award $1,668.75 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Ziton, Clerk pc: Tim Spencer Verletta B. White Bob Cowell Kathleen Jackson Amelia Merchant Mary Talley (w /details) Lutheria H. Smith www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Lutheria H. Smith The Honorable Sherman P. Lea, Sr., Mayor Chairperson and Members of Roanoke City Council Roanoke, VA 24011 Dr. Eli C. S. Jamison Vice Chairperson Dear Mayor Lea and Members of Council: Mark K. Cathey As a result of official School Board action on Tuesday, February 9, Laura D. Rottenborn 2021, the Board respectfully requests that City Council approve the Natasha N. Saunders following appropriation requests: Joyce W. Watkins Dick Willis New Appropriation Award Verletta B. White Coronavirus Aid, Relief, and Economic Security (CARES) Superintendent Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Award - Part -Time Regional Cindy H. Poulton Program Governor's School 2020 -21 $12,198.00 Clerk of the Board Revised Appropriation School Security Equipment Grant 2019 -20 Additional Award $1,668.75 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Ziton, Clerk pc: Tim Spencer Verletta B. White Bob Cowell Kathleen Jackson Amelia Merchant Mary Talley (w /details) Lutheria H. Smith www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 CITY COUNCIL AGENDA REPOKT[ To: Honorable Mayor and Members of City Council Meeting: February 16, 2021 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action on Tuesday February 9, 2021 the Board respectfully requested that City Council appropriate funding as outlined in this report. This grant award supports the purchase of security equipment to improve and help ensure the safety of students attending public schools in Virginia. Roanoke City Public Schools has received funding to assist with upgrades to its existing security alarm systems for eleven schools - Lucy Addison Middle, James Breckinridge Middle, Fairview Elementary, Fishburn Park Elementary, Garden City Elementary, Hurt Park Elementary, Monterey Elementary, Patrick Henry High School, Roanoke Academy for Mathematics and Science Elementary, Westside Elementary and Woodrow Wilson Middle. Funding to assist in replacing the surveillance cameras has been awarded for seven schools - Fairview Elementary, Fishburn Elementary, Garden City Elementary, Lincoln Terrace Elementary, Monterey Elementary, Roanoke Academy for Mathematics and Science Elementary, and Westside Elementary. Additional funding has been received for four schools - Fallon Park Elementary, James Madison Middle, John P. Fishwick Middle, and Virginia Heights Elementary. Grant expenses will be paid on a reimbursement basis out of state funds, and through the 25% required local match. This appropriation aligns the total with the revised award amount. This program will end June 21, 2021. The 2020 -2021 Coronavirus Aid, Relief, and Economic Security (CARES) Act Elementary and Secondary School Emergency Relief (ESSER) Fund State Set -Aside Fund, Award - Part -Time Regional Programs (Governor's School), provides emergency relief funds for addressing the impact of the coronavirus pandemic. The program will be fully reimbursed by federal funds and will end September 30, 2022. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Verletta White, Superintendent, RCPS Dan Lyons, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance CECELIA F. MCCOY, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkCaroanokeva.gov February 17, 2021 Mark Ayles, PE Principal and Vice - President Hughes Associates Architects & Engineers 656 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Ayles: CECELIA T. WEBB, CMC Deputy City Clerk I am enclosing copy of Ordinance No. 41996- 021621 to repeal the condition presently binding upon property located at 1113 11th Street, N. E.; and to rezone property located at 0 10th Street, N. E., from CN, Commercial- Neighborhood District to CG, Commercial - General District; and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 16, 2021, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure PC: Alvin F. Woods, 15875 Stewartsville Road, Vinton, Virginia 24179 Mark A. Williams, 2143 Deepwoods Road, Hardy, Virginia 24101 Ronnie L. and Joyce T. Harper, 1207 McDowell Avenue, N. E., Roanoke, Virginia 24012 Fairmont, LLC, 2950 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Jerry L. Reed. 1116 Orange Avenue, N. E., Roanoke, Virginia 24012 RYT, LLC, 210 Carver Avenue, N. E., Roanoke, Virginia 24012 Wallace Properties of Roanoke, LLC, 2501 Rutrough Road, Roanoke, Virginia 24014 Alvin F. and Bonita M. Woods, 1814 Hidden Forest Drive, Goodview, Virginia 24095 Ronnie L. Harper, 1206 McDowell Avenue, N. E., Roanoke, Virginia 24012 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building & Development Mark Ayles, PE February 17, 2021 Page 2 Jillian Papa Moore, Planning Commission Agent Timothy Spencer, City Attorney Laura Carini, Assistant City Attorney Susan Lower, Director of Real Estate Valuation Luke Pugh, City Engineer Tina Carr, Secretary, City Planning Commission L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2021. No. 41996 - 021621. AN ORDINANCE to repeal the condition presently binding upon property located at 1113 11th Street, N.E.; and to rezone property located at 0 10th Street, N.E., from CN, Commercial - Neighborhood District to CG, Commercial- General District; and dispensing with the second reading of this ordinance by title. WHEREAS, Alvin F. Woods, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), (1) to repeal a condition presently binding upon a tract of land located at 1113 11th Street, N.E., being designated as Official Tax Map No. 3050407, which property is zoned CG, Commercial - General District, with a condition, such condition having been accepted by Ordinance No. 40189 - 031615, adopted on March 16, 2015; and (2) to rezone property located at 0 10th Street, N.E., designated as Official Tax Map No. 3050408, from CN, Commercial- Neighborhood District, to CG, Commercial - General District. WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 16, 2021, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require (1) the amendment of the condition applicable to the subject property, and is of the opinion that the condition now binding upon a tract of land located at 1113 11th Street, N.E., being designated as Official Tax Map No. 3050407, should be repealed as requested, and (2) the rezoning of the property located at 0 10th Street, N.E., and for those reasons, is of the opinion that such property should be rezoned as herein provided, all as set forth in the Zoning Amendment Amended Application No. 1 dated January 15, 2021. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated October 27, 2015, as amended, are hereby AMENDED to (1) remove the proffered condition to the tract of land located at 1113 11th Street, N.E., being designated as Official Tax Map No. 3050407 and (2) reflect that Official Tax Map No. 3050408, located at 0 10th Street, N.E., be and is hereby rezoned from CN, Commercial- Neighborhood District, to CG, Commercial - General District, all as set forth in the Zoning Amendment Amended Application No. 1 dated January 15, 2021. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 16, 2021 Subject: Application by Alvin F. Woods to repeal all conditions previously proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 401 89 -031 61 5 on property located at 1 113 11 th Street NE, bearing Official Tax Map No. 3050407; and to rezone property located at 0 10th Street NE, bearing Official Tax Map No. 3050408, from CN, Commercial- Neighborhood District, to CG, Commercial - General District. The proffered conditions requested to be repealed on property located at 1 1 1 3 11 th Street NE, bearing Official Tax Map No. 3050407, relate to installation of curb, gutter, and sidewalk improvements, and right -of -way dedication. Upon repeal of conditions and rezoning, both properties are proposed to be zoned CG, Commercial - General District, without conditions. Summary: The Planning Commission held a public hearing on February 8, 2021. By a vote of 7 -0 the Commission recommends approval of the rezoning request, finding that the Amended Application No.] is consistent with the City's Comprehensive Plan, Hollins /Wildwood Area Plan, and Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning Repeal of Proffered Conditions Applicant /Owner: Alvin Woods Agent: Mark Ayles, Hughes Associates Architects and Engineers City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 1 1 1 3 11 `" Street NE and 0 10`h Street NE Official Tax No: 3050407 and 3050408 Site Area: +/ -0.51 acres Relevant Plans: Hollins /Wildwood Area Plan Proposed Land Use: Motor Vehicle Sales Establishment, Used Future Land Use: Neighborhood Commercial Filing Date: Original Application: December 28, 2020 Amended Application No. 1: January 15, 2021 Background: In 1987 the subject property at the southeastern corner of 11 `h Street NE and Orange Avenue and surrounding properties to the east, west, and south were zoned Heavy Manufacturing while the properties to the north were zoned Light Manufacturing. In 2005, the Zoning Map was comprehensively amended and the subject property and properties to the east were rezoned to CN, Commercial - Neighborhood District, while the properties to the north and south were rezoned to 1 -1 , Light Industrial District. The property to the west was rezoned to CG, Commercial - General District. In 2015, a portion of the subject property was rezoned from CN, Commercial Neighborhood District, to CG, Commercial - General District, with a condition. The conditions required installation of curb, gutter, and sidewalk along the property frontages. These improvements were made during the subsequent development of a used motor vehicle sales establishment on the property. Proposed Use /Development: The owner proposes to expand the existing motor vehicle sales establishment onto the adjacent parcel to the south. The parcels would have to be combined and streetscape improvements extended along the frontages of the additional parcel. A concept plan shows the proposed improvements. The existing proffered conditions on the northern parcel of the subject property are requested to be repealed so that there are no conditions on the property. The development would be subject to the standards of the CG, Commercial - General District, and supplemental regulations and development standards of the zoning ordinance, some of which are reflected in the concept plan. Request to Repeal Proffered Conditions: The applicant has requested to repeal the proffered condition enacted by Ordinance No. 401 89- 031 61 5 that applies to Official Tax Number 3050407: 1. Curb, gutter and sidewalk shall be constructed along 1 1 th Street NE and 12th Street NE, adjacent to the subject properties, prior to issuance for any certificate of occupancy for any building on the site. Improvements shall comply with the Street Design Guidelines. Public right -of -way will be dedicated as required to allow for such improvements within the right -of -way. 2 Considerations: Compatibility with Surrounding Land Uses: Unlike most neighborhood commercial zoning districts that are surrounded by residential zoning districts, this area is surrounded by industrial zoning districts to the north and south with a general commercial zoning district to the west. Given that the purpose of the commercial neighborhood district is to encourage a concentration of neighborhood - scaled uses in an area in close proximity to residential neighborhoods, and the fact that there is no adjacent residential zoning district, a greater intensity in zoning classification is appropriate in this area and still meets the goal of minimizing the intensity of the zoning districts in certain areas along Orange Avenue. • To the north are a motor vehicle repair or service establishment, commercial motor vehicle sales & service (truck & trailer parts and service), and welding shop in the 1 -1, Light Industrial District. • To the east are a retail sales establishment and vacant commercial properties in the CN, Commercial- Neighborhood District, and single family dwelling in the 1 -1 , Light Industrial District. • To the south are vacant properties, single - family detached dwellings, motor vehicle repair and service establishment, warehouses, and workshops amongst other uses in the 1 -1 , Light Industrial District. • To the west are a gasoline station (vacant) and nursery or greenhouse, commercial, in the CG, Commercial - General District. The future land use plan from the Hollins /Wildwood Area Plan designates this area for neighborhood commercial use along Orange Avenue. Applicability /Appropriateness of Proposed Zoning District: The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel- oriented uses such as hotels, motels, and gasoline stations. 3 This particular proposal would allow the continuation of the commercial development pattern between industrial areas on the major commercial corridor leading into Downtown from Northeast Roanoke. Availabilitv of Other Propert The proposed development is to be developed as an expansion of the existing motor vehicle sales establishment at the southeastern corner of Orange Avenue and 1 It' Street NE. As such, there are no other properties immediately adjacent, other than those in the rezoning request, which are zoned to allow this type of development. Consistency with Comprehensive Plan: Both City Plan 2040 and the Hollins /Wildwood Area Plan support requiring redevelopment and development of commercial corridors to appropriately transition into the surrounding area. Policy /Action Plan Applicability to matter LBE Policy 4 Action: Require all new Comprehensive The concept plan reflects the and major redevelopment of Plan', Livable supplemental development commercial corridors and commercial Built Environ- regulations that will create a centers to compliment and transition ment Theme good transition into the well into the surrounding surrounding area. neighborhoods. LBE Policy 4 Action: Provide The concept plan multimodal connections from acknowledges the streetscape neighborhoods to, along, and through accommodations that will be the commercial corridor and /or large required during development commercial center. on the property frontages along 11 th and 12th Streets NE. Community Design Actions: Hollins/ The concept plan shows the New Development: Require new Wildwood Area streetscape improvements developments to incorporate urban Plan', pg. 46. called for in the neighborhood amenities (e.g. sidewalks and curbs), plan and required in the and mixed -use (commercial and zoning ordinance. residential) where possible. Orange Avenue: Maintain commercial Hollins/ This change in zoning will zoning that will retain existing Wildwood Area allow an existing business at businesses and attract new Plant, pg. 48. Orange and 1 1 th Street NE to establishments. expand. ' City Plan 2040, City of Roanoke, 2020 z Hollins /Wildwood Area Plan, City of Roanoke, 2005 0 Comments on Application: Planning Commission Work Session: Several items were discussed at the Planning Commission work session, including corrections needed within the application to reflect zoning requirements. The applicant submitted Amended Application No.l to address all of the concerns noted above. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority, Transportation, and Planning Building and Development departments related to: water and sewer availability, streetscape design requirements, building and zoning subdivision requirements, and the permitting process. Public Comments Received Before Public Hearing: None received. Public Hearing: No comments received Public Comments Received After Public Hearing: Chris Craft, President of the Wildwood Civic League, stated that the Wildwood Civic League met and voted to oppose the expansion of the car lot on 460. Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with City Plan 2040 and the Hollins / Wildwood Area Plan. The proposed change allows for an existing commercial establishment to expand their business along a busy commercial corridor onto a vacant commercial property with site improvements to create a better streetscape transition into the surrounding area. Overall, this proposed change is in keeping with the goals of these plans. Karri B. Atwood, Chair City Planning Commission 5 Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Chris Chittum, Director Planning Building and Development Wayne Leftwich, Agent to the Planning Commission Timothy Spencer, City Attorney Laura Carini, Assistant City Attorney Alvin Woods, Owner Mark Ayles, Hughes Associates Architects and Engineers ZONING DISTRICT MAP 1113 11th Street NE 8t 010th Street NE Official Tax Parcels: 3060407 & 3050408 Mies to be Rezoned Zoning AD: Airport Lev - CG: Commercial. General - CLS: Commercial - Large Site 4 CN: Cornmerdal- Neighborhood - D: Downtown - 1-1: Light Industrial - �-2: Heavy Industrial IN: Institutional QINPUD: Institutional Planned Unit Dev - FUD: Industrial Planned Unit Dev MIX: Mixed Use QMXPUD: Moved Use Planned Unit Dev R -12: Res Single - Family R -3: Res Single - Family R -5: Res Single - Family R -T: Res Single - Family RA: Res - Agricultural RM -1: Res Mixed Density Attachment A RM -2: Res Mixed Density RMF: Res Multifamily ROS: Recreation and Open Space - UF: Urban Flea Conditional Zoning 0 100 200 FeetI c Attachment A Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Filing Date: 01/15/2021 Submittal Number: Amended Application No. 1 R�unl�t �'seiEe�at nll that. �DDIVI: ❑ x Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Address: 11113 11th Street NE & 0 10th Street NE Official Tax No(s).: 3050407 & 3050408 Click Here to Print ❑ x Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Existin g CG Commercial - General ❑ Without Conditions Ordinance . Zoning: CN Commercial - Neighborhood ❑x With Conditions No (s ) ( If 40189- 031615 ❑ Planned Unit Development applicable): Requested ❑x Without Conditions Proposed Zoning: CG Commercial - General ❑ With Conditions Land Use: Motor Vehicle Sales & Service, Used ❑ Planned Unit Development Property Owner Information: Name: Alvin F Woods Phone Number: +1 (540) 890 -1100 Address: 1 1.5875 'Stewartsville Road Vinton, Virginia 24179 E -mail: cars4u1081 @yahoo.com Property owners Signature: Anollcnht Inforta #tbnfi�fferent fra owner): Name: Phone Number: Address: E -mail: Applicant's Signature: G { 6", Name: Mark Ayles Hughes Associates Architects & Engineers Phone Number: +1 (540) 342 -4002 Address: 1656,Eim/,,Avenue foa7gke,)lirginia 24016 Authorized Agent's Signature: E -mail: mayles @hughesae.com ,6 .µ. r Completed application form and checklist. (x Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. r Filing fee. Fx' Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. F Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as r 'development plan' if proffered. r Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, r if applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. F Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. F Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. F A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. r Cover sheet. !— Traffic impact analysis. F oncept plan. (— Proffered conditions, if applicable. F Required fee. *An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. NARRATIVE The purpose of this request is to rezone Tax Parcel 3050408 from CN to CG for the purpose of a used auto sales business and to repeal the proffered conditions on Tax Parcel 3050407. If successful, these two parcels will be combined to create a single parcel zoned CG. The current owner of the properties is the applicant, Mr. Al Woods. The northern parcel is owned by Mr. Woods, and is used for his business ALARS used cars. Mr Woods has been in the car sales business for over 39 years and has operated ALARS a used car dealership in Chamblissburg for over 24 years, and he has operated the one on the northern parcel for about five years. Given Mr. Woods years of experience, he is confident that the Orange Avenue location will be continue to be successful with the expanded display area. The proposed project includes a used car display area and possibly an entrance from either 11th or 12th street. This business will be used for automobile sales only. No servicing of vehicles will be done onsite. This property is situated within an area of the City that is predominately zoned Light Industrial District (1- 1), Heavy Industrial District (1 -2) and Commercial General District (CG). Specifically, the adjacent property to the north is zoned CG, CG to the west across 11th Street, Commercial Neighborhood District (CN) and I- 1 to the south, and CN east across 12th Street. An evaluation of the zoning classifications within the proposed project neighborhood, that being the area bordered by Williamson Road to the west, Orange Avenue to the north, 13th Street to the east and Norfolk and Campbell Avenue to the south, (See Exhibit B) indicated no residentially zoned properties. Commonly found throughout the City and in the Comprehensive Plan CN districts are normally bordered by residentially zoned properties, however, not the case at this location. Most of the residentially zoned properties are east of 13th Street. An approximate 4,400 acre area within the City was evaluated for where CN zoning districts are generally established. Nineteen CN zoned districts were identified within that area and eighteen of those districts adjoined residential districts. The only CN property that didn't adjoin a residential district is the subject property. (See Exhibit D). Furthermore, the properties within close proximity of this project are identified as brownfield sites within the Rail Corridor by the city in the City -Wide Brownfield Redevelopment Plan (See Exhibit E). Orange Avenue is a primary arterial road with a heavy traffic count, creating an ideal area for commercial development, which is already common along this corridor. The proposed project will enhance the aesthetics of the existing lot by providing landscaping along the street frontages of 111h Street and 12th Street. Additionally, the site will be developed per the City Code. The site will adjoin the existing used car lot and either have an internal connection or a new entrance on 11th and or 12th street. The two parcels will be combined into a single parcel. The traffic generated at this site will be minimal increased given the limited size of the additional display area, 4,500± sf. Mr. Woods current car sales business located on the adjacent parcel displays approximately 12 vehicles and generates on average 2 to 3 customers per day, whereas, a heavy day may generate 5 -6 customers. The number of employees onsite will remain at two to three. The CG zoning is an appropriate classification for this site based on the surrounding zoning districts, the predominantly heavy industrial use within the neighborhood and the commercial corridor in which the property is located. Proffered Conditions to be Repealed The applicant hereby requests that the following proffered condition(s) enacted by Ordinance No. 40189 - 031615 be repealed as they pertain to Official Tax No. 3050407: Curb, gutter and sidewalk shall be constructed along 11th Street NE and 12th Street NE, adjacent to the subject properties, prior to issuance for any certificate of occupancy for any building on the site. Improvements shall comply with the Street Design Guidelines. Public right -of -way will be dedicated as required to allow for such improvements within the right -of -way. These items were incorporated into the existing development and the revised plat was recorded showing the right -of -way dedication. The recorded plat instrument # 150012519 is included in this application, see Exhibit A, 2 of 2. PROPERTY LINE —X-- FENCE • SET REBAR O EXISTING IRON FOUND O END OF LINE /CURVE NOTHING FOUND, NOTHING SET NOTES: 1. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TIRE SEARCH AND THEREFORE MAY NOT SHOW ALL ENCUMBRANCES. 2. THIS PROPERTY AS PLATTED DOES FALL WITHIN THE 100 YEAR FLOOD ZONE ZONES %IE' do *X" SHADED. PANEL NO. 51161CO186G. DATED SEPTEMBER 28, 2007. 3. THIS PLAT WAS PREPARED FROM AN ACTUAL AND CURRENT FIELD SURVEY. ANY PHYSICAL IMPROVEMENTS NOT DIMENSIONED, SHALL NOT BE SCALED. 4. THIS PLAT MAY OR MAY NOT CONFORM TO PREVIOUS DEEDS AND OR PLATS OF RECORD. 5. LEGAL REFERENCE LOTS 1 B,1 C,2 & 3 BILK 9 CHAMOUNI, INST. /040005148 6. PROPERTY ZONED: CN & 1 -1 N j ° GRAPHIC SCAWE (IN FEET) 1 Inch — 30' ft. VICINITY IItAP NO SCALE ALVIN F. & BONITA M. WOODS TAX #3050407 INST #150012519 PROPIE�TY LINE BY 0.52' I1�ROBERT M. BUTLER-P ET ALS h TAX #3050410 c 6 WB 52 PG 1884 T 153.65' xr 0 _ 0A TAX #3050408 t p 0.1357 AC. OZ S72'41'00 "W 142.41' TAX #3050409 0.1256 AC. %3�. x T--:_TAX '4 TFX #3050411 `f 25.00 0329 AC. a #3050412 0.0421 AC. STY FRAME #1110 o CU ti W � 3 N g� I L— 4 4� *. — x S '41'00 "W HOUSE ENCROACHES INTO McDOWELL AVE NE I " R/W BY 1.42' (R /W VARIES) L z x — x PORCH ENCROACHES INTO FENCE ENCROACHES INTO�� R/W BY 2.58' R/W BY 19' +/- PrAT OF SURVEY E J 1647 Millwood Dr. — - Imwpc.net Salem, Virginia 24153 ph: 540.353.0484 gI dmeredithengmeering @gmailmm Exhibit A 1 of 2 Existing Plat SHOWING LOTS 1 B,1 C,2 & 3 BLK 9 CH"OUNI FOR ALVIN F. WOODS THE PROPERTY IS LOCATED AT 1105 11tH ST. NE THE CITY OF ROANOKE, VIRGINIA I Z J 0 W ° L z w 5 5 L-2 z GRAPHIC SCAWE (IN FEET) 1 Inch — 30' ft. VICINITY IItAP NO SCALE ALVIN F. & BONITA M. WOODS TAX #3050407 INST #150012519 PROPIE�TY LINE BY 0.52' I1�ROBERT M. BUTLER-P ET ALS h TAX #3050410 c 6 WB 52 PG 1884 T 153.65' xr 0 _ 0A TAX #3050408 t p 0.1357 AC. OZ S72'41'00 "W 142.41' TAX #3050409 0.1256 AC. %3�. x T--:_TAX '4 TFX #3050411 `f 25.00 0329 AC. a #3050412 0.0421 AC. STY FRAME #1110 o CU ti W � 3 N g� I L— 4 4� *. — x S '41'00 "W HOUSE ENCROACHES INTO McDOWELL AVE NE I " R/W BY 1.42' (R /W VARIES) L z x — x PORCH ENCROACHES INTO FENCE ENCROACHES INTO�� R/W BY 2.58' R/W BY 19' +/- PrAT OF SURVEY E J 1647 Millwood Dr. — - Imwpc.net Salem, Virginia 24153 ph: 540.353.0484 gI dmeredithengmeering @gmailmm Exhibit A 1 of 2 Existing Plat SHOWING LOTS 1 B,1 C,2 & 3 BLK 9 CH"OUNI FOR ALVIN F. WOODS THE PROPERTY IS LOCATED AT 1105 11tH ST. NE THE CITY OF ROANOKE, VIRGINIA KNOW ALL AIEN BY THESE PRESS M 7O ANT THAT ALVIN F. WOODS t BONITA M. WOODS ARE 7HE FEE SIMPLE DINERS OF 7HE LAND SHOWN HEREON, BOUAIDED BY OUTSIDE CORNERS 1 INVUGN 6 TO 1• INCLUSIVE BEING ALL OF THE LAW CONVEYED 70 SAID OWNERS BY DEEDS RECORDED N THE CLERKS WXE a, INE CIIRCUT COURT OF 7HE CITY OF ROANOKE VIRGINIA, N INSMAIENT NUMBER IXM4344 AND 13OW4461 THE SAD OWNERS HEREBY CERWY THAT INEY HAVE CONNED THE LAND AS SHOWN HEREOA ENTIRELY OF TEEM OWN FREE MLL AND CONSENT AND IN ACCORDANCE WI7H INE DESIRE OF IRE UNDERSIGNED ONNERS PRCWRIERORS OR TRUSTEES F ANY AS RECORDED BY SECTIONS 152 -2240 7HR000N 112 -2278 OF 7HE CODE OF VWRGFIA (1950) AS AMENDED TO DAIS AND THE SUBOMSM ORDNANCE OF 7HE CITY OF ROANOlE ARGFM. INE ABOVE DESOPoEED OWNERS BY ARRIVE OF THE REOCROAWN OF INS PUT DEDICATES 70 TILE CITY OF ROANOKE N FEE MOE RILE, DE LAND SHOWN HEREON AS SET APART FOR PUBLIC S7REFM THE ABOVE DESC IVFD OWNERS BY V1RRE OF THE RECORDATION OF DNS PUT DOES HEREBY GRANT TO THE CITY OF ROANOCE (HOSE CERRAN AREAS SHOWN ON THE PLAT AS SET APART FOR USE AS PUBLIC STORK DRAIN EASEMENT. N W11 /1ESSSS MEREOr IS HEREBY PLACED 7HE FOLLOWING SIQNA7URE AND SEAL: ALLAN F. WOODS DAIS BONITA M WOODS DAZE ST 7E OF NRG(NAK �^ n _ I' T O ' IALi 1• r A NOTARY PUBLIC N AND FOR TINE ST IE DO HEREBY CLRIIFY THAT ALAN F. HOODS OWNER, WHOSE NAME IS SIGNED TO THE FOREGOING WRUNG HAS PERSONALLY APPEARED BEFORE ME AND ACAWOILEDGED INE SAME ON THIS --Q:� DAY OF 2015 Y CRMMNSSKN E7WS: A JQ 31, 2 ° 1,7 o 1, *0x'W�iM TARY PUBLIC RE& Nw STA 7E ldr a4 ', I, Y 9 � �N h V� 0 4 0� A NOTARY PIMIJC N AFAR FOR 7HE 1" AFORES V STATE DO HEREBY CER77FY THAT BONITA AC WOODS OWNER WHOSE NAME IS SIGNED 70 7HE FOREGOING WINCING HAS PERSONALLY APPEARED BEFQ'E AND AWNONLEDGED THE SAME ON TARS -,;,17 DAY OF 0 3 o V Z o, a INSTRUMENT N07ES: o a � BOUNDARY COORDINAlTES ALAN F. t BONITA AL MOLDS KIM F. d BQWTA k MOODS ANSI. p30W4344 Avsr. p300I4465 MY C(NWSSKN Ewm& PARO7. a 3aMD4o7 PARCEL a 30.70102 �aniiur 1271 st0. FT.) LOT 4 BIK I OF PART LOT 0. lEl(8 OF NE fae3 (n.) PUBLIC - - - _________ -_ ?__ IIAP <K OIAIIOM MAP OF OIAIIOM REG. NO W (Q1JB0 AG - OWWFD) (0.0LAD AG - DEEP) ye � _=yY APPROVED: © ❑U KLAN F. t BGIITA k MOLDS KIWI F. t BOI/A V. WOODS wsr. p300NIlNM MsT. p3oW44� PARCEL a 30.7010.7 PAliCil. a SOl040B PART LOT 4 lEK 8 OF EAST PART LOT B !LOT 7, BTX 8 OF MAP ar- oUEIOLM MAP OF OUEIOIM (0.012) AG -DEED) (0.0270 AG - DEED) (1EIiBY"YACATED) FMV S IER•./'� '� h / r S0. FT) .ty,'+ \ 2011 Amr -or-my Ih DEOCARON (HALED AREA)/ I MY C(NWSSKN Ewm& ± 690' TO -"• HOLLINS RD. N.E. ° �aniiur 1271 st0. FT.) - NE fae3 (n.) PUBLIC - - - _________ -_ ?__ NO R C REG. NO W DI ____ ___________ z Con NW kioc 7B' 42' 1/' f— ye � _=yY APPROVED: a� v ............. naw .........;11 ` &MVIS'KW AGENT DATE �. 'rte— !a•Z7•Zc7 /t' CITY a DAIS CLERK'S CER7IFK:A7F- N 7HE CLERKS OFFICE OF TIE CIRCUT COURT OF Off CITY LIF RO4QYE; VIRGINIA IZNS PUT WAS PRESENTED WIN THE CER77FIGA7E OF ACWOKEDGMENT D TTACFEO �ORD AT,I W1 O'CCOCL tN ON HIS DAY OF 2015 IESTEE Exhibit A 2 of 2 Existing Site Property Lines P- IRE - WON ROD FOUND IRS - IRON ROD SET - STREET LIGHT POE -� - STREET SIG! NAM? MANHOLE ® - SANITARY SEWER MANHOLE G - GUY WIRE A.C. - AIR CONDITION UNIT CO - CLEAN OUT CoNG - CONCRETE C&G - CURB d GUTTER G - CURB DROP LWE7 EM - QECZZIC METER M - WAAM? METER —E— OVERHEAD ELEC7MC S Ado ` pA11w aa (� N 72 Jr Olt" E— 15500 (Told) 70" ALLEY I J �T 1£1 1 \sw -2 0BE8Y VACAIM) hF7E8Y YAG17m (Sir N=6) I/ KIN F. t MUA M. WOODS �� �� LOT 44 PARCEL �IxmJOSM . R3729 ACRE WT 4 AN 9 OF ,,y- (16,243 Sly FT) M MAP Id IX3 Air -DM) (F�YVACA TED) ```\ N 72' 3B' W £- 150.3Y l 2 ........... • ......�- �...�.,..... 34.3' ......... 28.4 20, -_• \J - - - - - -- -6" Con,. Wall I 1 -5D or Frome ':.C-o. Walk w/ Crowel Conc. Stoop I �� 11113 Brick Planter i Gravel Drivewoy 1, - GQIr�Wall o.e' i I i ". EM 28.4' .9' — — _ — _ Aivewa A.C.• ifs —LW -' 6" BIONr Wall 140.7Y AV - C ISO ,�!C�• s 72' 3B' 07 W u7B5' (T� 4 - 5) 4 W£BS1ER PROPERTIES LLC INST 1040005146 PARCEL ILA. 3050408 LOT 3, BLK 9 OF MAP OF CHAA40UNI to OP nYOTHN W. CALDWELL Lie. No. 3105 GRAPHIC SCALE 3/20/2015 0' 20' 40' BO' 4 VICINITY MAP NOT TO SCALE 1. INNS PUT WAS PREPARED FROM A CUIENT FIELD SURVEY: Z IM PUT WAS PREPARED MNOUT 774E BENEFIT OF A RILE REPORT PREPARED BY A LICENSED AT 10MEY OR 7111E COMPANY AND MAY NOT NECESSARKY INDICATE ALL ENC IWAAWS ON THE PROPERTY. a 7NNE SUB.ECT PRO°FR7ES LIE W171NN INE LIMITS OF A SPECIAL FLOOD HAZARD AREA AS DESIGNATED BY FEMA AS SHOWN ON FLOOD INSURANCE RATE MAP NUMBER 51161CI1660. OTEC17W DATE SEPTEIIBER 25 2007, ZONES AE- AND Y ( SHADED). 7M5 OPINION IS BASED ON AN AISPEC71ON OF THE SAD NM AND HAS NOT BEEN VEI ED BY ACTUAL FIELD E7EVAMNS 4. TO DIE LEST OF MY KNOWLEDGE AND BELIEF ALL VISIBLE EASEMENTS ARE S � RECORDATION OF INS PUT DOES NOT CONSBTUTE A CONVEYANCE OF LAND. ANY LOT, PARCEL OR MACY OF LAND THAT IS NIETLDED FOR SALE AND/OR CONVEYANCE MUST BE CONVEYED BY A DEED AND SAID DEED MUST LE RECORDED N INE CLERK'S MICE OF NNE CIRCUIT COURT O• ROANOKE CITY, VIRGINIA. 8 IW ID' ALLEY HAS BEEN CLOSED BY CITY ORDINANCE A AJBER 40188- 031615• SEE NS7RUMENT MAW 150008389 RECORDED N IRE CLERK OF CMCUT 7 SOURCE 70 RILE: NS7RUAIENT NUMBERS 13OOI4J44 d 130014465. Ih ORANGE AWE N.E. ± 690' TO -"• HOLLINS RD. N.E. ° (U.S. RT 460) (Varicble Width Right -Of -Way) - NE fae3 (n.) PUBLIC - - - _________ -_ ?__ o . IN DRAIN SAENT,Y; DI ____ ___________ z Con NW kioc 7B' 42' 1/' f— ye � _=yY LOT 4A (0.3729 ACW) a� v ............. naw .........;11 ` ? y ' •�/ (1EIiBY"YACATED) FMV S IER•./'� '� h / r S0. FT) .ty,'+ \ TABLE ti ` SW-7 VJ�B m rn•:16t -Ar-4 - - -- sL00• P- IRE - WON ROD FOUND IRS - IRON ROD SET - STREET LIGHT POE -� - STREET SIG! NAM? MANHOLE ® - SANITARY SEWER MANHOLE G - GUY WIRE A.C. - AIR CONDITION UNIT CO - CLEAN OUT CoNG - CONCRETE C&G - CURB d GUTTER G - CURB DROP LWE7 EM - QECZZIC METER M - WAAM? METER —E— OVERHEAD ELEC7MC S Ado ` pA11w aa (� N 72 Jr Olt" E— 15500 (Told) 70" ALLEY I J �T 1£1 1 \sw -2 0BE8Y VACAIM) hF7E8Y YAG17m (Sir N=6) I/ KIN F. t MUA M. WOODS �� �� LOT 44 PARCEL �IxmJOSM . R3729 ACRE WT 4 AN 9 OF ,,y- (16,243 Sly FT) M MAP Id IX3 Air -DM) (F�YVACA TED) ```\ N 72' 3B' W £- 150.3Y l 2 ........... • ......�- �...�.,..... 34.3' ......... 28.4 20, -_• \J - - - - - -- -6" Con,. Wall I 1 -5D or Frome ':.C-o. Walk w/ Crowel Conc. Stoop I �� 11113 Brick Planter i Gravel Drivewoy 1, - GQIr�Wall o.e' i I i ". EM 28.4' .9' — — _ — _ Aivewa A.C.• ifs —LW -' 6" BIONr Wall 140.7Y AV - C ISO ,�!C�• s 72' 3B' 07 W u7B5' (T� 4 - 5) 4 W£BS1ER PROPERTIES LLC INST 1040005146 PARCEL ILA. 3050408 LOT 3, BLK 9 OF MAP OF CHAA40UNI to OP nYOTHN W. CALDWELL Lie. No. 3105 GRAPHIC SCALE 3/20/2015 0' 20' 40' BO' 4 VICINITY MAP NOT TO SCALE 1. INNS PUT WAS PREPARED FROM A CUIENT FIELD SURVEY: Z IM PUT WAS PREPARED MNOUT 774E BENEFIT OF A RILE REPORT PREPARED BY A LICENSED AT 10MEY OR 7111E COMPANY AND MAY NOT NECESSARKY INDICATE ALL ENC IWAAWS ON THE PROPERTY. a 7NNE SUB.ECT PRO°FR7ES LIE W171NN INE LIMITS OF A SPECIAL FLOOD HAZARD AREA AS DESIGNATED BY FEMA AS SHOWN ON FLOOD INSURANCE RATE MAP NUMBER 51161CI1660. OTEC17W DATE SEPTEIIBER 25 2007, ZONES AE- AND Y ( SHADED). 7M5 OPINION IS BASED ON AN AISPEC71ON OF THE SAD NM AND HAS NOT BEEN VEI ED BY ACTUAL FIELD E7EVAMNS 4. TO DIE LEST OF MY KNOWLEDGE AND BELIEF ALL VISIBLE EASEMENTS ARE S � RECORDATION OF INS PUT DOES NOT CONSBTUTE A CONVEYANCE OF LAND. ANY LOT, PARCEL OR MACY OF LAND THAT IS NIETLDED FOR SALE AND/OR CONVEYANCE MUST BE CONVEYED BY A DEED AND SAID DEED MUST LE RECORDED N INE CLERK'S MICE OF NNE CIRCUIT COURT O• ROANOKE CITY, VIRGINIA. 8 IW ID' ALLEY HAS BEEN CLOSED BY CITY ORDINANCE A AJBER 40188- 031615• SEE NS7RUMENT MAW 150008389 RECORDED N IRE CLERK OF CMCUT 7 SOURCE 70 RILE: NS7RUAIENT NUMBERS 13OOI4J44 d 130014465. (HAMMED AREA) (314 Sa FT) Ih 1 4 MW AM M 2. FA'AID j COMBINATION SURVEY FOR 3 COMBINING ALL OF LOTS 4 THROUGH 7 BLOC( 9 l OF MAP OF CIAMOUNI CREATING HEREON LOT 4A (0.3729 ACW) SITUATED AT 1113 117H ST. N.E. CITY OF ROANOKE, VIRGINIA TIMOTHY W. CALDKU. LS W TABLE .� Z o LIE' BEARING DISTANCE Phone: (540) 588 -5299 " Sw-1 N 74'15'20' W 1252 jig //)S7- r SW-2 N 13' J8 W 4.09 n�° h c SW.7 N TY w 3834 � N SW-4 S 7I' 09 21 w 9444 SW� S 1T � E 878 SW-B S Ix .G E 224 SIF-7 S 78' 09 21 W 1500 -I`-I A. SW-8 SW'-9 N 74' 13 W S 76,27' w I 9185 7. (HAMMED AREA) (314 Sa FT) Ih 1 4 MW AM M 2. FA'AID j COMBINATION SURVEY FOR ALLAN F. IMMS & BONITA M. RMS COMBINING ALL OF LOTS 4 THROUGH 7 BLOC( 9 l OF MAP OF CIAMOUNI CREATING HEREON LOT 4A (0.3729 ACW) SITUATED AT 1113 117H ST. N.E. CITY OF ROANOKE, VIRGINIA TIMOTHY W. CALDKU. LS DRAWN: TWC PROJECT #15 -002 5205 GRANDIN ROAD EXT. ROANOKE, VA. 24018 CHKD: TWC DATE: 3/20/2015 Phone: (540) 588 -5299 Email: twcoldwell0coxnet SCALE: 1" = 20' SHEET 1 OF 1 //)S7- NOTES: 1. THIS IS A CONCEPT LAYOUT AND SHALL NOT BE CONSIDERED A PROFFERED PLAN 2. A COMPREHENSIVE DEVELOPMENT PLAN WILL BE SUBMITTED TO ROANOKE CITY FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION 3. THE SITE WILL BE DEVELOPED AS ALLOWED BY THE ROANOKE CITY CODE 4. THIS PARCEL #3050408 WILL BE COMBINED WITH THE ADJACENT PARCEL TO THE NORTH, #3050407, ONCE THE REZONING AMENDMENT IS APPROVED 5. STORMWATER MANAGEMENT STRATEGIES AND BMPS NOT SHOWN. 6. THE LANDSCAPE BUFFER ALONG 11TH STREET WILL BE ALONG THE ENTIRE FRONTAGE IF THE ENTRANCE IS NOT CONSTRUCTED 7. RIGHT OF WAY IMPROVEMENTS AND DEDICATIONS WILL BE PER CITY CODE REQUIREMENTS AND THE EXTENT DETERMINED DURING THE PLAN APPROVAL PROCESS WITH THE CITY OF ROANOKE w ac Q w z V- a--I CURB & GUTTER, SIDEWALK AND ENTRANCE Expansion of A L A R S 1113 11th Street N.E. a' ORANGE AVE (ROUTES 220/221A/460) (R /W VARIES) ZONING: CG ALVIN F. & BONITA M. WOODS TAX #3050407 \ / INST #150012519 EXISTING DEVELOPMENT Ir/ REFER TO PLATS FOR BOUNDARY BEARINGS AND DISTANCES FOR BOTH PARCELS J _ - - - - PAVED CONNECTION MHUGHES ASSOCIATES ARCHITECTS & ENGINEERS 656 ECM AVENUE SW NOA 0O 1, ­GI­ 140]6 540.342.4002 www.MUghes AE.com Q 3 w z V) L fV 4--I EXISTING PROPERTY LINE CURB & GUTTER 0 10' 20' 40' EXHIBIT B Comm. No. 20065 January 15, 2021 .' •. I.: POSSIBLE NEW PROPERTY LINE PROPOSED PAVED DISPLAY AREA VACANT LOT POSSIBLE NEW PROPERTY Lz EXISTING PROPERTY LINE ZONING: JE:F O ALVIN F. WOODS TAX #3050408 INST # 200012482 0.1357 AC. REFER TO PLATS FOR BOUNDARY BEARINGS AND DISTANCES FOR BOTH PARCE - .OtSRLAY•ARJ( SUFFER ;.'.'.'.'.'•'•'•'•'•'•'•... RESIDENTIAL USE i 8' LANDSCAPING BUFFER ZONING: 1 -1 ALVIN F. WOODS TAX #3050409 I IN ST # 200012482 ' 0.1256 AC. / MHUGHES ASSOCIATES ARCHITECTS & ENGINEERS 656 ECM AVENUE SW NOA 0O 1, ­GI­ 140]6 540.342.4002 www.MUghes AE.com Q 3 w z V) L fV 4--I EXISTING PROPERTY LINE CURB & GUTTER 0 10' 20' 40' EXHIBIT B Comm. No. 20065 January 15, 2021 o� + ' ` . , Yy .i —� j�•7� _. -.2LL • j -'r• ae �' .i,&L , 1L •E.i #t, '�w fd`y 'v, �` `',�, j� ,R r gleu"'� *g . sr'f.'' •�[ "_. f �i�Xll�+, - A f T��tOf,� �i,.,r4^S4.a fy °qi•'i�� PROJECT CN �, �� ±� t�� Pik `��� �j4 ++ SITE f r�G�l�f*:a "'.. R4�ta s }► t t FIFA 'm'y 15 EXISTING �1i�1:�. ►' 'F a �,r'i tt Ra ff�Ft�.f.ff!lf.�lt-yt,j -� �ga �'.ti{_ RESIDENCES ,:,� �•wy�" s 5�-•.� Al FVV �j�f j', .� /+ � ;'fg ` •�[-t �6ir O� f � '- .tt` •i:� 1;�,}r.� ��� .1E�1✓ JeA yl:.,�f�r� �.. . .:. y^ _ t ab �. +� tl wts 4 s- t r g '¢`'"r� •a. �+r.� F-2J ' i'^ -fit ,•. v \( �� ' }+ t _ o ,.� ?,.. tt/��j(�" :+ °y .A: lil.,• ,, �; ;s i."�'°'.,,ipr•/K= _ ;. .y, fig d jltd hl fLe- ,r �i »i'«) 4'..�./� V r • {'��`y y4. L '� 'Ea` , ^r y i, � ` ,..i�'�'Mir�:. �+•r"" f x �r .. aat.� loo o aw goo ZONING SNAPSHOT BETWEEN WILLIAMSON RD. AND 13th STREET EXHIBIT C t° t_ Exhibit D Roanoke City Zoning Map (based on Roanoke City GIS The CN parcels in the screen capture above are peach colored and outlined in black pap. Ins 't� Roanoke City GIS Zoning Key CG'. Commercial- Genera( I . CG(c). Commercial - General Conditonal - m.. .--.■ ■ CLS'. CommeraaFLarge Sne CLS(c) 'Commercial -Lsrge Site Condlhonat © CN- Commmtra Neiolourhood loin I CN(c)- Commercial - Neighborhood Conditional I �S loom- 1 _._ ' ° ■ D- Downtown /\ D D(c). Downtown Condntonal e1 ■ I -1: Light Industrial -1(c): Light Industrial Conditional 1 -2: Heavy Industrial 1 -2(c)- Heavy Industrial Conditional Roanoke City GIS Zoning Key ■ IN Institutianal RM -1 Res Mixed Density R -12 Res Single- Family IN(c) : Institutional Condniunal ° I RM -1(c): Res Mixed Density Conditional 1 ° I R -12(c) Res Single - Faintly Conditional INPUD'. Institutional Planned Unit Dev RM -2. Res Mixed Density R3. Res Single - Family ° I RM- 2(c)'. Res Mixed Density Condnimal 1 I R-3(c) : Res Single-Family Condiuonal INPUD(c)'. Institutional Planned Unit Dev Conditional ® RMF Res Multifamily R -5'. Res SmglrFamily IPUD: Industrial Planned Unit Dev ■ RMF(c). Res Multifamily Conditional I R-5(c) : Res Single - Family Conditional IPUD(c) Industrial Planned Unit Dev Conditional ■ RDS Recreation and Open Space R -7. Res Single - Family MX: Mixed Use ROS(c). Reaeatim and Open Space Conditional 1 1 R-7(c). Res Single - Family Conditional f 2 MX(c) Mixed Use Conditional ■ OF Urban Flex RA'. Res - Agricultural 0 MXPUD: Mixed Use Planned Unit Dev UF(c). Urban Flex Cordnlcnal t RA(c) : Res Agricultural Corditonal 72 MXPUD(c): Mixed Use Planned Unit Dev Condnional Prc:� "`" Rail Corridor Existing Zoning RA R -12 R -7 R -5 R -3 RM -1 RM -2 RMF MX CN CG CLS D 1 -1 m 1 -2 = IN " ROS AD MXPUD IPUD INPUD Exhibit E Rail Corridor Brownfield as designated by the 2008 City -Wide Brownfield Redevelopment Plan CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (544) 853 -2541 Fnx: (544) 853 -1145 STEPHANIE M. MOON REVNOLDS, MMC City Clerk March 24, 2015 Michael Woolwine Hughes Associates Architects and Engineers P. O. Box 1034 Roanoke, Virginia 24005 -1034 Dear Mr. Woolwine: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CHIC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 40189- 031615 rezoning certain property located at 1113 11th Street, N. E., bearing Official Tax Map No. 3050407, three unaddressed lots on 11 th Street, N. E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406, and an unaddressed lot on Orange Avenue, N. E., bearing Official Tax Map No. 3050405 from CN, Commercial- Neighborhood District, to CG, Commercial - General District, subject to certain proffered conditions, as set forth in the Zoning Amendment Amended Application No. 1 dated February 16, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure Michael Woolwine March 24, 2015 Page 2 pc: The Honorable Brenda Hamilton, Clerk, Circuit Court Alvin and Bonita Woods, 1814 Hidden Forest Drive, Goodview, Virginia 24095 May Ram, LLC, 6022 Columbia Pike, Falls Church, Virginia 22041 Jerry L. Reed, 1116 Orange Avenue, N. E., Roanoke, Virginia 24012 Racetrac Petroleum, Inc., P. O. Box 22845, Oklahoma City, Oklahoma 73123 Webster Properties, LLC, 1000 Coyner Springs Road, N. E., Roanoke, Virginia 20412 Ronnie and Joyce T. Harper, 1207 McDowell Avenue, N. E., Roanoke, Virginia 24012 Fairmont, LLC, 4029 Hazelridge Road, N. E., Roanoke, Virginia 24012 Claude W. and Doris M. Trent, 1207 McDowell Avenue, N. E., Roanoke, Virginia 24012 Chris Craft, Wildwood Civic League, 1501 East Gate Avenue, N. E., Roanoke, Virginia 24012 Tina Carr, Secretary, City Planning Commission Katharine Gray, Land Use and Urban Design Planner Ian Shaw, Agent, City Planning Commission Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney "1; 1 IN '1'I IF; COUNCII, OF TI il,, CITY OF ROANOKF ?, VIRGINIA The 16th day of March, 2015. No. 40189- 031615. AN ORDINANCI, to rezone certain property located at 1113 11 °' Strect, N.E., three (3) unaddressed lots on 1 1 °i Street, N.L'., and one (1) unaddressed lot on Orange Avenue, N.E., from CN, Commercial - Neighborhood District, to CG, Commercial - General District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Alvin and Bonita Woods have made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 1 113 11`x' Street, N.E., bearing Official Tax Map No. 3050407; three (3) unaddressed lots on 11`x' Street, N.E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406; and one (1) unaddressed lot on Orange Avenue, N.E., bearing Official Tax Map No. 3050405, rezoned from CN, Commercial- Neighborhood District, to CG, Commercial- General District, subject to certain conditions; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 16, 2015, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that the property located at 1113 11`h Street, N.E., bearing Official Tax Map No. 3050407; three (3) unaddressed lots on 11"' Street, N.E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406; and one (1) unaddressed lot Orange Avenue, N.E., bearing Official Tax Map No. 3050405, be, and are hereby rezoned from CN, Commercial- Neighborhood District, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 1 dated February 16, 2015. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 1 `' � ' OWN► �/ City Clerk. Rezone with proffers -car lot orange ave.doc 2 ZONING DISTRICT MAP 1113 11th Street NE & 0 10th Street NE Official Tax Parcels: 3050407 & 3050408 Area to be Rezoned Zoning AD: Airport Dev CG: Commercial - General CLS: Commercial -Large Site CN: Commercial- Neighborhood 'v D: Downtown 1 -1: Light Industrial - 1 -2: Heavy Industrial IN: Institutional Q INPUD: Institutional Planned Unit Dev IPUD: Industrial Planned Unit Dev MX: Mixed Use Q MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3: Res Single - Family R -5: Res Single- Family R -7: Res Single - Family RA: Res - Agricultural RM -1: Res Mixed Density RM -2: Res Mixed Density RMF: Res Multifamily ROS: Recreation and Open Space - UF: Urban Flex Conditional Zoning N 0 100 200 Feet +E i- S The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDB Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 Account Number 6011439 Date February 02, 2021 I Date Category Description Ad Size Total Cost 02/11/2021 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 155 L 1.483.60 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 01/26, 02102!2021 The First insertion being given ... 01/26/2021 Newspaper reference: 0001181165 Billing Representative Sworn to and subscribed before me this Tuesday, February 2, 2021 e Notary Public State of Virginia Richard A. Hundley County of Hanover Notary Public Commonwealth of Virginia My Commission expires Notary Registration No 7904041 Commission Exp, Jan 31, 2024 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4th floor, Room 450, Noel C. entertainment; public, Institutional and community facilities; transportation; Taylor Municipal Building, 215 Church utility; agricultural; and accessory with Avenue SW, Roanoke, Virginia. These public hearings may be conducted by no maximum density specified and a electronic communication means due maximum floor area ratio of 5.0. The comprehensive plan designates the to the COVID•19 pandemic disaster. All persons shall be afforded property for Neighborhood Commercial an opportunity to speak and state their Use. The proposed land use is used motor vehicles sales and service. v ews concerning all aspects of these matters. Tina M. Carr, Secretary. City Planning Any applications will be digitally Commission available for review online or may be obtained digitally by emaging City Council will hold a public hearing glanning6roanok on the aforesaid matter on February 16. 2021, at 7:00 p.m., or as soon thereafter If you are a person with a disability as the matter may be heard, In the City Council Chamber, fourth floor, Room who needs accommodations for any public hearings advertised herein, 450, Noel C. Taylor Municipal Building. please contact the City Clerk's Office, 215 Church Avenue SW. Roanoke, Virginia. Citizens are advised that the (540)853.2541, by noon, Friday, February 5, 2021. date on which this matter will be heard is a departure from the usual date on The Citoa of Rohold n oks which such matters are heard by City Comm ission public heat Council. Persons who register to speak be provided with information to on February 8, 2021, at 130 p.m., or as soon thereafter as the matter may be re pre their testimony via electronic p heard, to consider the following communication means in the event the public hearing is conducted using matter. All persons wishing to address the Planning Commission must sign -up electronic communication means All with the Secretary to the Planni persons shall 6e afforded an opportunity to speak and state their Commission by emailing I nnin roanokevaaov or by calling (540)863 - views concerning all aspects of this 1330 by noon, Friday, February 5. 2021. matter. ' Persons who register to speak will be provided with Information to present Cecelia F. McCoy. CMC. City Clerk their testimony via electronic communication means in the event the The City of ttOanoke Hoard of Toning Appeals will hold a public hearing public hearing Is conducted using electronic communication means. February 10, 2021, at Ito p.m., or as Written comments of interested soon thereafter as the matter may be heart{, to consider the following persons wig be received by the Secretary to the Planning Commission application. All persons wishing to address the Board of Zoning Appeals at ptannirg0roanokeva.gov on or prior to noon, Friday, February 5, 2021. must sign -up with the Secretary to the Board of Zoning Appeals by emailing Application by Alvin F. Woods to repeal planninggrroanokevagov or by calling 53-1330 by noon. Monster all conditions previously proffered as part Of a previous rezoning adopted Febnt February 8, 202L Persons who register through the enactment of Ordinance t0 speak will be provided with informatlon to present their testimony No. 40189-031615 on property located at 111311th Street NE, bearing Official via electronic communication means in Tax Map No. 3050407; and to rezone the event the public hearing Is conducted using electronic Property located at 0 10th Street NE4 bearing tNflclal Tax Map Na 3050408, communication means. Written from CN, Commercial - Neighborhood comments of Interested persons will be received b y the Secretary to the Board District, t0 CG. Commercial- General District The proffered conditions of Zoning Appeals at plannino ftanokeva.OQv on or prior to noon, requested to be repealed on property located at 1113 11th Street NE, bearing Monday, Febnrnry & 2021. Official Tax Map No. 30504117, relate to Installation of curb, gutter, and Application by Linda Thomas for sidewalk improvements, and right-of- property located at 725 Highland Avenue SE, Unk B. bearing Official Tax way dedication. Upon repeal of conditions and rezoning, both Map No. 4122508, for a special properties are proposed to be zoned exception pursuant to Section 362.311, Zoning. Code of the City of Roanoke CG, Commercial-General District, without conditions. The land use (1979), as amended, to permit a categories permitted In CG District homestay. include residential; accommodations and group living; commercial; Tina M. Carr, Secretary, City Board of Industrial; warehousing and Zoning Appeals distribution; assembly and (1181165) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing planning Lroanokeva. rov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853 -2541, by noon, Friday, February 5, 2021. The City of Roanoke Planning Commission will hold a public hearing on February 8, 2021, at 1:30 p.m., or as soon thereafter as the matter may be heard, to consider the following matter. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing planning _Lroanokeva.goy or by calling (540)853 -1330 by noon, Friday, February 5, 2021. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning(«roanokeva.gov on or prior to noon, Friday, February 5, 2021. Application by Alvin F. Woods to repeal all conditions previously proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40189- 031615 on property located at 1113 11th Street NE, bearing Official Tax Map No. 3050407; and to rezone property located at 0 10th Street NE, bearing Official Tax Map No. 3050408, from CN, Commercial- Neighborhood District, to CG, Commercial - General District. The proffered conditions requested to be repealed on property located at 1113 11th Street NE, bearing Official Tax Map No. 3050407, relate to installation of curb, gutter, and sidewalk improvements, and right -of -way dedication. Upon repeal of conditions and rezoning, both properties are proposed to be zoned CG, Commercial - General District, without conditions. The land use categories permitted in CG District include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for Neighborhood Commercial Use. The proposed land use is used motor vehicles sales and service. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matter on February 16, 2021, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. Citizens are advised that the date on which this matter will be heard is a departure from the usual date on which such matters are heard by City Council. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of this matter. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on February 10, 2021, at 1:00 p.m., or as soon thereafter as the matter may be heard, to consider the following application. All persons wishing to address the Board of Zoning Appeals must sign -up with the Secretary to the Board of Zoning Appeals by emailing planning L�roanokeva.goy or by calling (540)853 -1330 by noon, Monday, February 8, 2021. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at planning curoanokeva.gov on or prior to noon, Monday, February 8, 2021. Application by Linda Thomas for property located at 725 Highland Avenue SE, Unit B, bearing Official Tax Map No. 4122508, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to permit a homestay. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, January 26, 2021, and Tuesday, February 2, 2021. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853 -1730 tina. carr(Lt,roanokeva. goy Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 CECELIA F. hICCOY, CHIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkCa roanokeva.gov February 1, 2021 Mark Ayles, PE Principal and Vice - President Hughes Associates Architects & Engineers 656 Elm Avenue Roanoke, Virginia 24016 Dear Mr. Ayles: CECELIA T. WEBB, CMC Deputy City Clerk A public hearing was advertised to be heard by Roanoke City Council on Tuesday, February 16, 2021 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on your request to repeal all conditions previously proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40189 - 031615 on property located at 1113 11th Street, N. E., and to rezone property located at 0 10th Street, N. E., from Commercial- Neighborhood District, to Commercial - General District. (See copy of the Public Hearing Notice attached.) This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of this matter. If you have questions regarding the City Planning Commission public hearing to be held on Monday, February 8, 2021, at 1:30 p.m., please contact Tina Carr, Secretary, at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure c: Alvin F. Woods, 15875 Stewartsville Road, Vinton, Virginia 24179 Tina Carr, Secretary to the City Planning Commission CECELIA F. MCCOY, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkCroanokeva.gov February 1, 2021 Adjoining Property Owners: CECELIA T. WEBB, CMC Deputy City Clerk A public hearing was advertised to be heard by Roanoke City Council on Tuesday, February 16, 2021 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Alvin F. Woods to repeal all conditions previously proffered as part of a previous rezoning adopted through the enactment of Ordinance No. 40189 - 031615 on property located at 1113 11th Street, N. E., and to rezone property located at 0 10th Street, N. E., from Commercial- Neighborhood District, to Commercial - General District. (See copy of the Public Hearing Notice attached.) This public hearing may be conducted by electronic communication means due to the COVID -19 pandemic disaster. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of this matter. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the City Planning Commission public hearing to be held on Monday, February 8, 2021, at 1:30 p.m., please contact Tina Carr, Secretary, at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, J. YW4�f- Cecelia F. McCoy, CIVIC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission DATE: Tuesday, February 16, 2021 TO: Mayor Lea and Members of Roanoke City Council City Manager and Staff RE: Working together in Roanoke FRM: I am Barbara Norris Duerk, I live at 2607 Rosalind Ave., S.W., Roanoke, VA 24014. 1 am currently President of Neighbors in South Roanoke. I represented the Junior League of Roanoke Valley when the Neighborhood Partnership was originally formed and have valued the dialogue that the President's Council, the Roanoke Neighborhood Partnership and now the Roanoke Neighborhood Advocates has provided in the past. Congratulations to the 3 recently elected members to Roanoke City Council and Mayor Lea. In Roanoke, council members and the Mayor are representatives At Large. I know that each of you will represent me and my concerns while making decisions for Roanoke and the Roanoke Valley. I like to think I am Bike Partisan. I have been before this governing body and the RVARC for more than 20+ years advocating for safe transportation and efficient transit and Train access. The Roll ON — Roll OFF Amtrak platform provides easier access for persons using wheeled equipment like suitcases, wheelchairs and bicycles. Today I want to provide a shout out to Sheila Umberger and Engineers for making time to generate an idea and bring it to a Neighbors in South Roanoke neighborhood meeting where the proposed idea was rejected. Instead of steam rolling over neighborhood concerns the Library listened to resident's concerns about the location and the appearance of the New E- library dedicated on Monday, February 8. A special thank you to neighborhood member, Councilman Bill Bestpitch, City Manager Bob Cowell, the Mayor for Speaking and the Roanoke Library staff for using "C" words in the back and forth about details of design and the location of the E- Library on Crystal Spring. Neighborhood was very much appreciated. I am so old, your response is, "How Old are You ", I am so old when "C" words were collaboration, coordination, cooperation and consideration. Recently there are new programs address the acronym A.L.I.C.E and Gun Violence. The city is in the process of hiring a Neighborhood Coordinator. I hope you will include in the job description position to use of "C" words. The "C" words need to be incorporated into the direction for the entire Neighborhood Partnership structure. The mission selected by council members states that: The City of Roanoke is a safe, Caring and economically vibrant community in which to live, learn, work, play and prosper. A vibrant urban center with strong neighborhoods Set amongst the spectacular beauty of Virginia's Blue Ridge. It is important to see the city as a three legged store: government, business and neighborhoods (the residents). All three need to be working together. Over the Valentine Weekend, I reread the Book, The Hate U Give by Angie Thomas and thumbed through White Guilt by Shelby Steele. There is a lot of frustration because city decisions are being made by _select groups without people's voices being heard. The city of Roanoke should be BEST. The city of Roanoke should BE the LEAD. The city of Roanoke should promote "C" words in our programming, planning and presentation of the WAY forward. Roanoke deserves to be more than the same all way we have always done stuff. I am reading that the city's refusal to open thinking for a new bus /transit terminal is because the City doesn't want to loose monies from the Federal Government. The bus /transit center should be the center of activity for Roanoke. Included should be an Urgent Care Medical Center, a library drop off, Mini Mart, restaurant, financial institution and tourist information. The city has spent monies on improving the Market Building and the Market area. Instead of saying, "It can't be done "....and give the reasons why think, "How can it be done ". This hub should be located in the Center of Roanoke. The Goal should be to provide a clean, different form of alternative transportation used by all area codes of citizens, by tourist when arriving in Roanoke to access tourist destinations. Please do not limit your thinking to the "way it has always been done" and we have a deadline to spend the money. The General Assembly Transit Study request should tell you that there is going to be a shift in Transit service. City Council needs to know that South Roanoke was negatively impacted by zoning. Banks would not give homeowners loans to upgrade their properties. A facilitated multi meeting South Roanoke Neighborhood Plan was the beginning of the remaking of South Roanoke to the inclusive, exclusive neighborhood it is today. That was years ago. BUT .... and we all know about the BUTS. ....Neighborhood organization in the city is important. All neighborhoods should be "owned" by the residents with buy in and accountability to the people who choose to live there. An new way of doing and a new way of thinking should be supported... BUT Leadership skills and support should be provided to the reorganization for Neighborhood Leaders. A president's council needs to be re - established. I encourage the Mayor and Members of Roanoke City Council and, at your suggestion, to the City Manager and city employees to use the "C" words of collaboration, coordination, cooperation, consideration and another word CARING Instead of saying, "It can't be done ".... think, "How can it be done ".